Agreement - US Army Corps of Engineers - Flood Induation Mapper for SB

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assure that such materials are reasonably available for examination, audit, or reproduction by the Government. a. The Government may conduct, or arrange for the conduct of, audits of the Plan. Government audits shall be conducted in accordance with applicable Government cost principles and regulations. The Government's costs of audits for the Plan shall not be included in the shared costs of the Plan, but shall be included in calculating the overall Federal cost of the Plan. b. To the extent permitted under applicable Federal laws and regulations, the Government shall allow the Non -Federal Sponsor to inspect books, records, documents, or other evidence pertaining to costs and expenses maintained by the Government, or at the request of the Non -Federal Sponsor, provide to the Non -Federal Sponsor or independent auditors any such information necessary to enable an audit of the Non -Federal Sponsor's activities under this Agreement. The costs of non -Federal audits shall be paid solely by the Non -Federal Sponsor without reimbursement or credit by the Government. 10. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non -Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. Neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights a party may have to seek relief or redress against that contractor. 11. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by certified mail, with return receipt, as shown below, A party may change the recipient or address for such communications by giving written notice to the other party in the manner provided in thismparagraph. If to the Non -Federal Sponsor: Kieran Fahey, Director, CSO Project Management City of South Bend 227 West Jefferson Blvd. Suite 1300 N South Bend, Indiana 46601 If to the Government: Commander, Detroit District US Army Corps of Engineers 477 Michigan Avenue Detroit, MI 48226 12. To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. 4