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3. Before final payment is made on the account of this Contract, the Contractor shall, if
<br /> requested by the Owner, furnish acceptable proof of a proper release from all such
<br /> fees or claims.
<br /> B. Should the Contractor, its agent, employee or any of them be enjoined from furnishing or
<br /> using any invention, article, material or plans supplied or required to be supplied or used
<br /> under this Contract, Contractor shall promptly pay such royalties and secure requisite
<br /> licenses; or, subject to acceptance by Owner, substitute other articles, materials, or
<br /> appliances in lieu thereof that are of equal efficiency, quality, finish, suitability and market
<br /> value to those planned or required under the Contract. Descriptive information of these
<br /> substitutions shall be submitted to the Owner's Representative for determination of
<br /> general conformance to the design concept and the construction Contract. Should Owner
<br /> elect to refuse the substitution, Contractor agrees to pay such royalties and secure such
<br /> valid licenses as may be requisite for the Owner, its officers, agents and employees or any
<br /> of them, to use such invention, article, material or appliance without being disturbed or in
<br /> any way interfered with by any proceeding in law or equity on account thereof.
<br /> ARTICLE 17 AUDITS
<br /> 17.1 General
<br /> A. Record Retention.
<br /> 1. The Contractor's records relating to this Project, including, but not limited to, wage,
<br /> payroll, and cost records, shall be open to inspection or audit by representatives of
<br /> the Owner during the Project and for a period of not less than six years after the date
<br /> of Final Acceptance of the Contract.
<br /> a. The Contractor shall retain these records for that period.
<br /> b. The Contractor shall also guarantee that Project records of Subcontractors,
<br /> Suppliers, and lower tier Subcontractors, including, but not limited to, the wage,
<br /> payroll, and cost records, shall be retained and open to similar inspection or audit
<br /> for the same period of time.
<br /> B. Audit Performance
<br /> 1. The audit may be performed by employees or representatives of the Owner or by an
<br /> auditor chosen by the Owner.
<br /> 2. The Contractor, Subcontractors, or lower tier Subcontractors shall provide adequate
<br /> facilities, reasonably acceptable to auditor,for the audit during normal business hours.
<br /> 3. The Contractor, Subcontractors, or lower tier Subcontractors shall make a good faith
<br /> effort to cooperate with the auditors.
<br /> 4. If an audit is to be commenced more than sixty (60) days after the Final Acceptance
<br /> date of the Contract, the Contractor will be given twenty (20) days' notice of the time
<br /> when the audit is to begin.
<br /> 5. If any litigation, claim, or audit arising out of, in connection with, or related to this
<br /> Contract is initiated, the Project records shall be retained until the later of (a)
<br /> Replacement of Reservoir 2 General Conditions
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