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DocuSign Envelope ID: E1A0E30C-7C28-45F5-8C00-3FE5E3A80950 202401002 The Chief Elected Official (if the Recipient is a unit of general local government) or the Authorized Individual (if the Recipient is not a government entity) of the Recipient is the individual authorized to execute this contract and any amendments to this contract on behalf of the Recipient. By signing this contract, the Recipient certifies that it possesses the legal authority to accept Trust Funds under the Program and to carry out the Project. Either party may request amendments to this contract; however, amendments will not take effect until mutually agreed to in writing by both parties. §4.03 Waiver in Writing; Non -Waiver. No conditions or provisions of this contract can be waived unless approved by the Department in writing. The Department's failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon breach will not constitute a waiver of any rights under this contract. §4.04 Assignment of Interest. The Recipient may not assign or transfer any interest in this contract without the written consent of the Department. §4.05 Records and Record Retention Requirements. The duration of the eligibility monitoring requirements and the need to retain the records reflecting such monitoring for five (5) years after the period of affordability for the Project are more fully described earlier in this contract. In addition, the Recipient agrees to keep other general records concerning the Project that the Department may require for five (5) years after the Department issues a Certificate of Completion letter to the Recipient. If any claim, litigation, or audit is started before the expiration of the record retention periods, the records must be retained until all claims, litigation, or audit findings involving the records have been resolved. §4.06 Access to and Inspection of Records; Performance Reviews; Reports. The Department and any duly authorized officials of the state will have full access to and the right to examine, audit, excerpt, and transcribe any of the Recipient's records pertaining to the Project. The Department may conduct performance review monitoring visits and may audit the Recipient's records, including records that pertain to the required matching contribution, for compliance with this contract. In addition, a cost certification audit may either be conducted by the Department or requested by the Department to be done by independent accountants at the Recipient's expense. NAHTF 23-TFRH-34010—Page 11 of 18