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6 <br /> • <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 <br /> LOCAL GOVERNMENT may contract, involving transactions related to this project and this <br /> agreement. <br /> The LOCAL GOVERNMENT agrees to retain all records pertaining to this project and this <br /> agreement for a period of six years from the date of project close-out. If any litigation, claim or <br /> audit is started before the expiration of the six year period, the records shall be retained until all <br /> litigation,claims,or audit findings 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 <br /> furnish the BOARD with such periodic reports as it may request pertaining to the activities <br /> undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the <br /> Close-Out Report, and any other matters covered by this agreement. Failure to file periodic reports <br /> as requested 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 <br /> BOARD, and the state of Washington from and against any and all claims, costs, damages, <br /> expenses, or liability for any or all injuries to persons or tangible property, arising from the acts or <br /> omissions of the LOCAL GOVERNMENT or any of its contractors or subcontractors, or any <br /> employees or agents in the performance of this agreement, however caused. In the case of <br /> negligence of both the BOARD and the LOCAL GOVERNMENT, any damages allowed shall be <br /> levied in proportion to the percentage of 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 to 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 <br /> writing has been received and approved by the BOARD in accordance with Section 4.05. No <br /> amendment or modification shall take effect until approved in writing by both the BOARD and the <br /> LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may <br /> 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 <br /> loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the <br /> BOARD may terminate the agreement in whole or in part at any time. The BOARD shall promptly <br /> notify the LOCAL GOVERNMENT in writing of its determination to terminate,the reason for such <br /> termination, and the effective date of the termination. Nothing in this section shall affect LOCAL <br /> GOVERNMENT obligations to repay the unpaid balance of the loan. <br /> CITY OF EVEREIT : Page 7 <br /> 4/21/2006 2 9 <br />