Interlocal Cooperative Agreement - Replacement Agreement Pavement Improvements & Water Main Cleveland US31

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1.3 from same. Term and Renewal of Agreement. The term of this Agreement shall be from the date upon which it is approved by the Office of the Indiana Attorney General. This Agreement shall terminate on December 31, 2020 unless the following condition occurs or unless terminated under the provisions of this Agreement. A. If the City fails to pay INDOT the full amount of the Associated Work at the time of letting, this Agreement shall terminate. The obligations of Sections 1.1.C. and 1.2.D. survive termination of this Agreement and are perpetual until the Parties enter into a written amendment to the contrary. This Agreement may be renewed or extended under the same terms and conditions subject to the approval of all signing Parties. ARTICLE II GENERAL PROVISIONS 2.1 Access to Records. The City and its contractor, if any, shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to all costs incurred under this Agreement, and shall make such materials available at their respective offices at all reasonable times during the period of this Agreement and for five (5) years from the date of final payment under the terms of this Agreement, for inspection or audit by INDOT, or its authorized representative, and copies thereof shall be furnished free of charge, if requested by INDOT. The City agrees that, upon request by any agency participating in federally-assisted programs with whom the City has agreed to or seeks to agree to, INDOT may release or make available to the agency any working papers from an audit performed by INDOT of the City in connection with this Agreement, including any books, documents, papers, correspondence, accounting records and other documentation which support or form the basis for the audit conclusions and judgments. 2.2 Assignment; Successors. The City binds its successors and assignees to all the terms and conditions of this Agreement. The City shall not assign or subcontract the whole or any part of this Agreement without INDOT's prior written consent. The City may assign its right to receive payments, if any, to such third parties as the City may desire without the prior written consent of INDOT, provided that the City gives written notice (including evidence of such assignment) to INDOT thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid amounts under this Agreement and shall not be made to more than one party. 2.3 Assignment of Antitrust Claims. As part of the consideration for the award of this Agreement, the City assigns to the State all right, title and interest in and to any claims the City now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Agreement. 2.4 Audits. The City acknowledges that it may be required to submit to an audit of funds -3 -