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-- - -- ------------ - ------ - - -- ------------------------------- SAMPLE 06/04/07 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years following the completion of the work plan activities described in Attachment A. If any litiga- tion, claim or audit is started before the expiration of the three-year period, the records shall be re- tained until all litigation, claims or audit findings involving the records have been resolved or until the end of the regular six-year period, whichever is later. 3.03 Audits. The books, records, documents and accounting procedures and practices of the Grantee that are relevant to this Agreement are subject to examination by the Council and either the Legisla- tive Auditor or the State Auditor, as appropriate, for a minimum of six (6) years following the com- pletion of the work plan activities described in Attachment A. 3.04 Authorized Agent. The Council's authorized agent for purposes of administering this Agree- ment is Tom Caswell, or another designated Council employee. Written reports submitted to the Council should be directed to the attention of the authorized agent at the following address: Metropolitan Council Community Development Division 390 Robert Street North Saint Paul, Minnesota 55101-1805 IV. GRANT AGREEMENT TERM 4.01 Term and End Date. This Agreement is effective upon execution of the Agreement by the Council. Unless terminated pursuant to Paragraph 4.02 or extended by written agreement pursuant to Paragraph 4.03, this Agreement will expire on the "End Date" identified at Page 1 of this Agree- ment. The term of this Agreement may be extended by written agreement of the Council, but only in conjunction with an extension authorized under Minnesota Statutes section 473.864, subdivision 2. 4.02 Termination. This Agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this Agreement and any amendments of this Agreement. Termination of this Agreement does not alter the Council's authority to recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and condi- tions of this Agreement, the Council may take any action to protect its interests and may require the Grantee to return all or part of the funds. 4.03 Amendment. The Council and the Grantee may amend this Agreement by written mutual consent. Amendments, changes or modifications to the Grantee's approved work plan and budget shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS 5.01 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable federal and state statutory and regulatory conflict of interest laws and provisions. 5.02 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the funded work plan activities. This obligation shall not be .. \'"~--~ " ....', '\ ~ ,,', . ..;--~_....~- .- -4- - - -- - - - -- - ----- ---- - --------------------------- ------ ----