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Agreement been, convicted of or had a civil judgment rendered against them for (i) fraud or commission of a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction, (ii) violation of federal or state antitrust laws, or (iii) embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. 9.2.3. Neither the Commission nor its respective officers or contractor(s) retained to conduct the Remediation Work are presently indicted for or otherwise criminally or civilly charged by a public entity with commission of any of the offenses enumerated under Section 9.2.2 hereof. 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 Indiana 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 on January 15 and January 25, 2010. 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. 9