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6 <br /> 4.10 Recordkeeping and Access to Records <br /> The BOARD, the BOARD'S agents, and duly authorized officials of the State shall have full access <br /> and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and <br /> books of the LOCAL GOVERNMENT and of persons, firms, or organizations with which the LOCAL <br /> GOVERNMENT may contract,involving transactions related to this project and this agreement. <br /> The LOCAL GOVERNMENT agrees to retain these records for a period of six years from the date of <br /> project completion. If any litigation, claim or audit is started before the expiration of the six year <br /> period, the records shall be retained until all litigation, claims, or audit findings involving the records <br /> have been resolved. <br /> 4.11 Reports <br /> The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall <br /> furnish the BOARD with such periodic reports as it may request pertaining to the activities undertaken <br /> pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out <br /> Report, and any other matters covered by this agreement. Failure to file periodic reports as requested <br /> may result in termination of this agreement as per Section 4.14. <br /> 4.12 Indemnification <br /> The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the BOARD, <br /> and the state of Washington from and against any and all claims, costs, damages, expenses, or liability <br /> for any or all injuries to persons or tangible property, arising from the acts or omissions of the LOCAL <br /> GOVERNMENT or any of its contractors or subcontractors, or any employees or agents in the <br /> performance of this agreement,however caused. In the case of negligence of both the BOARD and the <br /> LOCAL GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of <br /> negligence attributable to each party. <br /> 4.13 Amendments,Modifications, and Waivers <br /> Except for an increase in the amount of the loan governed by this agreement, the LOCAL <br /> GOVERNMENT may request an amendment of this agreement for the purpose of modifying the <br /> SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No <br /> modification or amendment resulting in an extension of time shall take effect until a request in writing <br /> has been received and approved by the Board in accordance with Section 4.05. No amendment or <br /> modification shall take effect until approved in writing by both the BOARD and the LOCAL <br /> GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived <br /> unless approved by the BOARD in writing. <br /> Page 7 <br /> 2003 PWTF Pre-Construction Loan Agreement <br /> 32 <br />