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whether, oral or written, made prior to or at the signing hereof, shall vary or modify the written terms of this Agreement. Neither party shall claim any amendment, modification, or release from any provisions of this Agreement by mutual agreement, acknowledgement, or otherwise, unless such mutual agreement is in writing, signed by the other party, and specifically states that it is an amendment to this Agreement. Section 11. Access to Records BWG, its subcontractors and agents, if any, shall maintain all books, documents, papers, records and reports and shall provide copies of all testing results to the City no later than the last business day of each month in which such testing is conducted during the term of this Agreement. BWG shall also make such materials available to the City for review at BWG's offices at all reasonable times during the term of this Agreement and for a period of three (3) years from the Expiration Date. SecNon 12. Audits BWG understands and acknowledges that it may be required to submit to an audit of funds paid through this Agreement. Any such audit shall be conducted in accordance with Indiana Code § 5-11-1, et seq. and audit guidelines specified by the Indiana State Board of Accounts. Section 13. Changes in Scope of Services BWG understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by BWG in the absence of prior written approval of the Parties. Section 14. Compliance with Laws BWG shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. The enachnent of any state or federal statute or the promulgation of any rules or regulation subsequent to execution of this Agreement shall be reviewed by the City and BWG to determine whether the provisions of this Agreement shall require formal modification. BWG warrants that it and its subcontractors, if any, shall obtain and maintain all required permits, licenses, registrations and approvals, as well as comply with all health, safety, and environmental statutes, rules or regulations in performance of the Services. BWG understands and acknowledges that failure to do so shall constitute a material breach of this Agreement and shall be grounds for immediate termination of the Agreement and may result in denial of further work with the City. - 6 -