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B. If the facility to be constructed under this Agreement ceases to or fails to operate <br />for reasons unrelated to performance of either parry, then, if the terms and conditions of the <br />Department of Energy Grant and Federal Transit Administration rules or regulations permit, the <br />assets of the facility may be transferred by agreement to a similar governmental entity. If sale <br />occurs, or consideration for the assets is given or required upon any transfer or disposition of the <br />facility or its parts, the net proceeds shall be divided equally between the parties unless expressly <br />prohibited by the terms or conditions of the Department of Energy Grant or Federal Transit <br />Administration rules or regulations. <br />SECTION 9. RECORD KEEPING. <br />TRANSPO shall keep accurate records of all activities and expenditures conducted and <br />incurred under this Agreement and report progress in achieving the performance measures <br />identified by TRANSPO and the City. <br />SECTION 10. AUDITS, INSPECTIONS and RETENTION OF RECORDS. <br />The Department of Energy, the City and the State Auditor of Indiana, and any of their <br />representatives shall have full access to and the right to examine, during normal business hours <br />and as often as they deem necessary, all of TRANSPO's records with respect to all matters <br />covered by this Agreement. Such representatives shall be permitted to audit, examine and make <br />excerpts or transcripts from such records, and to make audits of all Agreements, invoices, <br />materials, payrolls, and other matters covered by or related to this Agreement. <br />SECTION 11. FEDERAL REQUIREMENTS. <br />A. This Agreement is subject to a financial assistance between the City and <br />TRANSPO which includes provisions of the financial assistance agreement between the City and <br />TRANSPO and the Department of Energy or the FTA. The City shall comply with all applicable <br />federal laws, regulations, policies, procedures and directives, including but not limited to the <br />following, which are attached hereto and incorporated herein by this reference: <br />1. The requirements and obligations imposed on TRANSPO by the Department <br />of Energy through the Grant. <br />2. Applicable Department of Energy Third Party Contract Provisions. <br />3. Debarment and Suspension certification. <br />B. New federal laws, regulations, policies, procedures and directives may be adopted <br />after the date this Agreement is established and may apply to this Agreement. TRANSPO agrees <br />to accept and comply with all applicable laws, regulations, policies, procedures and directives as <br />may be amended or promulgated from time to time during the term of this Agreement. <br />3 <br />