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O <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 and the <br /> right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the <br /> LOCAL GOVERNMENT and of persons, firms,or organizations with which the LOCAL GOVERNMENT <br /> may contract,involving transactions related to this project and this agreement. <br /> The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this agreement for a <br /> period of six years from the date of project close-out. If any litigation, claim or audit is started before the <br /> expiration of the six year period, the records shall be retained until all litigation, claims, or audit findings <br /> involving the records have been resolved. <br /> 4.11 Reports <br /> The LOCAL GOVERNMENT, at such times and on such forms as the BOARD may require, shall furnish <br /> the BOARD with such periodic reports as it may request pertaining to the activities undertaken pursuant to <br /> this agreement including,but not limited to, quarterly progress reports,the Close-Out Report, and any other <br /> matters covered by this agreement. Failure to file periodic reports as requested may result in termination of <br /> 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, and <br /> the state of Washington from and against any and all claims,costs,damages,expenses,or liability for any or <br /> 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 performance <br /> of this agreement, however caused. In the case of negligence of both the BOARD and the LOCAL <br /> GOVERNMENT, any damages allowed shall be levied in proportion to the percentage of negligence <br /> 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 GOVERNMENT <br /> may request an amendment to this agreement for the purpose of modifying the SCOPE OF WORK or for <br /> extending the time of performance as provided for in Section 4.05. No modification or amendment resulting <br /> in an extension of time shall take effect until a request in writing has been received and approved by the <br /> BOARD in accordance with Section 4.05. No amendment or modification shall take effect until approved <br /> in writing by both the BOARD and the LOCAL GOVERNMENT and attached hereto. No conditions or <br /> provisions of this agreement may be waived unless approved by the BOARD in writing. <br /> 4.14 Termination for Cause <br /> If the LOCAL GOVERNMENT fails to comply with the terms of this agreement, or fails to use the loan <br /> proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the BOARD may <br /> terminate the agreement in whole or in part at any time. The BOARD shall promptly notify the LOCAL <br /> GOVERNMENT in writing of its determination to terminate, the reason for such termination, and the <br /> effective date of the termination. Nothing in this section shall affect LOCAL GOVERNMENT obligations <br /> .to repay the unpaid balance of the loan. <br /> Page 7 <br /> 2005 PWTF Construction Loan Agreement <br /> is <br />