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� <br />agrees to include a provision in any contract or subcontract related to this Agreement that <br />requires the contractor and the subcontractor to submit to audits and investigations by the <br />Texas State Auditor's Office in connection with all Loan Forgiveness Funds received <br />pursuant to the contract or subcontract. <br />2. TWDB, EPA, and Comptroller General of the United States. The City agrees that the <br />TWDB, the EPA, and the Comptroller General of the United States shall have full access <br />to any books, documents, papers, and records which are related to the funds expended <br />under this Agreement and that further these federal entities may audit, examine, copy <br />excerpts, and make transcriptions of any such books, documents, papers, and records. <br />The standards of administration, property management, audit procedures, procurement <br />and financial management, and the records and facilities of the City and its contractors <br />are subject to audit and inspection by the TWDB and by the EPA and by any other <br />authorized state or federal entity. All books, documents, papers, and records of the City <br />related to this Agreement shall be made available for audit, examination, excerption, and <br />transcription by the staff of the TWDB within a reasonable time after a request from the <br />TWDB. The City understands and agrees that the EPA's Regional Administrator may, <br />after a thirty day written notice, review any records the Regional Administrator deems <br />necessary to determine compliance with all requirements concerning the federal funds <br />provided under this Agreement. <br />7.04. UPDATING INFORMATION. The City shall provide the TWDB with updated information, <br />reports, statements and certifications as requested by the Executive Administrator relating to the <br />financial condition of the City or the Project and the use of Loan Forgiveness Funds. The City shall <br />promptly notify the TWDB of any material change in the activities, prospects or conditions of the City <br />relating to the Project, or its ability to observe and perform its duties, covenants, obligations and <br />agreements under this Loan Forgiveness Agreement. <br />7.05. FORCE MAJEURE. Unless otherwise provided, neither the City nor the TWDB nor any agency <br />of the State shall be liable to the other for any delay in or failure of performance of a requirement <br />contained in this Agreement caused by Force Majeure. The existence of such causes of delay or failure <br />shall extend the period of performance until after the causes of delay or failure have been removed <br />provided the non-performing Party exercises all reasonable due diligence to perform. Each Party must <br />inform the other in writing with proof of receipt within five (5) business days of the existence of such <br />Force Majeure or otherwise waive this right as a defense. <br />7.06. NON-ASSIGNABILITY. The terms and conditions of the financial assistance provided by this <br />Agreement may not be assigned, transferred, or subcontracted in any manner without the express written <br />consent of the TWDB. <br />7.07. ENTIRE AGREEMENT AND AMENDMENT. This Agreement, which incorporates all <br />attached Exhibits, constitutes the entire agreement between the Parties. This Agreement may be <br />amended only in writing signed by the Parties. The changes allowed under Section 4.01 do not require <br />an amendment to this Agreement unless a change to the Project Schedule, EXHIBIT E or the Project <br />Budget, EXHIBIT F, results in a different project completion date or total budget amount. <br />Page 13 of 14 <br />i.c�-ooa <br />