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8 <br /> Section 7 <br /> Audits, Inspections,and Records Retention <br /> WSDOT, the State Auditor, and any of their representatives, shall have full access to and the <br /> right to examine, during normal business hours and as often as they deem necessary, all of the <br /> CONTRACTOR's records with respect to all matters covered by this AGREEMENT. Such <br /> representatives shall be permitted to audit, examine and make excerpts or transcripts from such <br /> records, and to make audits of all contracts, invoices, materials, payrolls, and other matters <br /> covered by this AGREEMENT. In order 'to facilitate any audits and inspections, the <br /> CONTRACTOR shall retain all documents, papers, accounting records, and other materials <br /> pertaining to this AGREEMENT for six (6) years from the date of completion of the project or <br /> the project final payment date. However, in case of audit or litigation extending past that six (6) • <br /> years period, then the CONTRACTOR must retain all records until the audit or litigation is <br /> completed. The CONTRACTOR shall be responsible to assure that it, WSDOT, the State <br /> Auditor, and any of their representatives, retain comparable audit rights with respect to <br /> subcontractors to the CONTRACTOR within the scope of this AGREEMENT. <br /> Section 8 <br /> Agreement Modifications <br /> A. Either PARTY may request changes to this AGREEMENT, including changes in the <br /> Scope of Work. Such changes that are mutually agreed upon shall be incorporated as written <br /> amendments to the AGREEMENT. No variation or alteration of the terms of this <br /> AGREEMENT shall be valid unless made in writing and signed by authorized representatives of <br /> the PARTIES hereto. <br /> B. Any additional funding secured by WSDOT beyond the amount originally awarded and <br /> identified in the AGREEMENT header captioned Project Amount will be allocated to the <br /> CONTRACTOR for the period of July 1, 2008 to June 30, 2009 in accordance with the <br /> methodology described in Exhibit I, Funding Allocation Methodology. If an increase in funding <br /> by the funding source augments the CONTRACTOR's allocation of funding under this <br /> AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this <br /> AGREEMENT, providing for an appropriate change in the Scope of Work and/or the project <br /> amount in order to reflect any such increase in funding. <br /> C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation <br /> of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an <br /> amendment to this AGREEMENT providing for an appropriate change in the Scope of Work <br /> and/or the AGREEMENT amount in order to reflect any such reduction of funding. <br /> Section 9 <br /> Recapture Provision <br /> In the event that the CONTRACTOR fails to expend state funds in accordance with state law <br /> and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture state funds <br /> in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a <br /> period not to exceed three (3) years following termination or expiration of this AGREEMENT. <br /> The CONTRACTOR agrees to repay such state funds under this recapture provision within 30 <br /> days of demand. <br /> 4 9 Page 3 of 17 GCA 5396 <br />