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by mutual agreement, acknowledgement, or otherwise, unless such mutual <br />agreement is in writing, signed by the other party, and specifically states that <br />it is an amendment to this Agreement. <br />Section 11. Access to Records <br />BWG, its subcontractors and agents, if any, shall maintain all books, <br />documents, papers, records and reports and shall provide copies of all testing <br />results to the City no later than the last business day of each month in which <br />such testing is conducted during the term of this Agreement. BWG shall also <br />make such materials available to the City for review at BWG's offices at all <br />reasonable times during the term of this Agreement and for a period of three <br />(3) years from the Expiration Date. <br />Section 12. Audits <br />BWG understands and acknowledges that it may be required to submit to an <br />audit of funds paid through this Agreement. Any such audit shall be <br />conducted in accordance with Indiana Code § 5 -11 -1, et seq. and audit <br />guidelines specified by the Indiana State Board of Accounts. <br />Section 13. Changes in Scope of Services <br />BWG understands and agrees that it shall not commence any additional work <br />or change the scope of the Services set forth in Section 1 unless authorized in <br />writing by the City. No claim for additional compensation shall be made by <br />BWG in the absence of prior written approval of the City. <br />Section 14. Compliance with Laws <br />BWG shall comply with all applicable federal, state and local laws, rules, <br />regulations and ordinances, and all provisions required thereby are hereby <br />incorporated herein by reference. The enactment of any state or federal <br />statute or the promulgation of any rules or regulation subsequent to execution <br />of this Agreement shall be reviewed by the City and BWG to determine <br />whether the provisions of this Agreement shall require formal modification. <br />BWG warrants that it and its subcontractors, if any, shall obtain and maintain <br />all required permits, licenses, registrations and approvals, as well as comply <br />with all health, safety, and environmental statutes, rules or regulations in <br />performance of the Services. BWG understands and acknowledges that <br />failure to do so shall constitute a material breach of this Agreement and shall <br />be grounds for immediate termination of the Agreement and may result in <br />denial of further work with the City. <br />Section 15. Condition of Payment <br />- 6 - <br />