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11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS <br /> During the performance of this Grant,the Grantee shall comply with all federal,state, and local <br /> nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or <br /> refusal to comply with any nondiscrimination law, regulation or policy,this Grant may be rescinded, <br /> canceled or terminated in whole or in part. <br /> 12. RECAPTURE <br /> In the event that the Grantee fails to perform this Grant in accordance with state laws,federal laws, <br /> and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to <br /> compensate OPD for the noncompliance in addition to any other remedies available at law or in <br /> equity. <br /> 13. RECORDS MAINTENANCE <br /> The Grantee shall maintain all books, records, documents, data and other evidence relating to this <br /> Grant. Grantee shall retain such records for a period of six (6)years following the end of the grant <br /> period. If any litigation, claim or audit is started before the expiration of the six (6)year period,the <br /> records shall be retained until all litigation, claims, or audit findings involving the records have been <br /> finally resolved. <br /> 14. RIGHT OF INSPECTION <br /> At no additional cost all records relating to the Grantee's performance under this Grant shall be <br /> subject at all reasonable times to inspection, review,and audit by OPD,the Office of the State Auditor, <br /> and state officials so authorized by law, in order to monitor and evaluate performance, compliance, <br /> and quality assurance under this Grant. The Grantee shall provide access to its facilities for this <br /> purpose. <br /> 15. SEVERABILITY <br /> If any provision of this Grant or any provision of any document incorporated by reference shall be held <br /> invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect <br /> without the invalid provision, if such remainder conforms to the requirements of law and the <br /> fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be <br /> severable. <br /> 16. WAIVER <br /> Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or <br /> breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated <br /> to be such in writing. <br /> Grant Agreement GRT20010 <br /> General Terms and Conditions Page 5 of 14 <br />