6D(8) Brownfields Grant Agreement - former Studebaker Stamping Plant

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9.2.4. The Commission has not within the preceding 3 years had a public transaction terminated for cause or default. 9.2.5. The Commission is a unit of government validly existing under Ind. Code § 36 -7 -14 and has all requisite power and authority to hold title to the Property and to execute, deliver and perform all of its obligations under this Agreement and the Grant documents. 9.2.6. The Commission is not a generator or transporter of any contamination located at the Property. 9.2.7. The Commission is not a Potentially Responsible Party under Section 107 of CERCLA, 42 USC § 9607 because the Commission has demonstrated the BFPP defense to CERCLA liability through material submitted to EPA. 9.3. All representations and warranties shall survive the execution of this Agreement. 10. Maintenance of Records. 10.1. The Commission agrees to maintain financial and programmatic records pertaining to all matters relative to this Agreement in, accordance with generally accepted accounting principles and procedures and to retain all of its records and supporting documentation applicable to this Agreement for a period of 3 years after the completion of the Remediation Work except as provided in Section 10.2. 10.2. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three -year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three -year period, whichever is later. 10.2.1. All such records and supporting documents shall be made available, upon request, for inspection or audit by the City or its representatives. 10.2.2. The Commission must receive permission from the City, in writing, prior to destroying any of these records or documents. 11. Right to Inspect and /or Audit. The Commission agrees to permit the City or its designated representative to inspect and /or audit its records and books relative to this Agreement at any time during normal business hours and under reasonable circumstances, upon reasonable notice and to copy them from any information that the City desires relevant to this Agreement. The City shall provide written notice to the Commission prior to the execution of this provision. The Commission agrees to deliver the records or have the records delivered to the City or its designated representative at an address designated by such party within the South Bend city limits. If the City or its representative finds that the records delivered by the Commission are incomplete, the Commission agrees to pay the City or its representative's costs to travel to the Commission's office or other location where the books or records are located to audit or retrieve the complete records. In addition, all grant related documents are subject to 40 C.F.R. Section 31.42(e). 10