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SECTION 3.04 COMPLIANCE <br />The representations and warranties contained herein shall be true on and as of the date <br />of the signing of this Agreement with the same effect as though such representation and <br />warranties have been made on and as of such date, and on such date no event of default as <br />defined in Article VI herein (Events of Default) and no condition, event or act which, with the <br />giving of notice or the lapse of time or both would constitute an .Event of Default, shall have <br />occurred and be continuing or shall exist. <br />ARTICLE IV: AFFIRMATIVE COVENANTS <br />Recipient covenants as follows: <br />SECTION 4.01 EXISTENCE <br />Recipient will preserve and maintain its existence and all of its rights, privileges and <br />franchises; conduct its business in an orderly, efficient, and regular manner; and comply with all <br />applicable laws, rules, regulations and orders of a governmental authority. <br />SECTION 4.02 INSURANCE <br />Recipient shall maintain, at all times during the term of this contract, the insurance and <br />bonding documentation described in Exhibit C to this contract, and shall comply with all other <br />requirements set forth in that Exhibit. <br />SECTION 4.03 RECORDS <br />Recipient shall maintain on a current basis complete records, including books of original <br />entry, source documents supporting accounting transactions, eligibility and service records as <br />may be applicable, a general ledger, personnel and payroll records, canceled checks, and <br />related documents and records to assure proper accounting of funds and performance of this <br />contract in accordance with instructions provided and to be provided by City. <br />SECTION 4.04 HOLD HARMLESS <br />Recipient agrees to indemnify and hold harmless City and all its officers, agents, <br />volunteers, and employees, for any and all liability caused by the negligence or wrongful act of <br />Recipient arising out of the performance of this Agreement, and to pay all claims, damages, <br />judgments, legal costs and attorney's fees related thereto. <br />SECTION 4.05 EVALUATION <br />City, with prior written notice of 14 days to Recipient, may at any time during the term of <br />this Contract, conduct an evaluation of the Recipient's performance with respect to this Contract. <br />Said evaluation shall cover both objectives and programs of Recipient. Recipient shall maintain <br />and retain records with respect to such objectives, programs, and evaluations, and shall <br />cooperate with City in making these or any other evaluation reports. Recipient shall permit <br />5 <br />