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8.6.1 Immediately terminate the Agreement; <br /> 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any <br /> other work product prepared by Consultant pursuant to this Agreement; <br /> 8.6.3 Retain a different consultant to complete the work described in Exhibit A not <br /> finished by Consultant; or <br /> 8.6.4 Charge Consultant the difference between the cost to complete the work <br /> described in Exhibit A that is unfinished at the time of breach and the amount that <br /> City would have paid Consultant pursuant to Section 2 if Consultant had <br /> completed the work. <br /> Section 9. KEEPING AND STATUS OF RECORDS. <br /> 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, <br /> models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, <br /> records, files, or any other documents or materials, in electronic or any other form, that <br /> Consultant prepares or obtains pursuant to this Agreement and that relate to the matters <br /> covered hereunder shall be the property of the City. Consultant hereby agrees to deliver <br /> those documents to the City upon termination of the Agreement. It is understood and <br /> agreed that the documents and other materials, including but not limited to those described <br /> above, prepared pursuant to this Agreement are prepared specifically for the City and are <br /> not necessarily suitable for any future or other use, City and Consultant agree that, until <br /> final approval by City, all data, plans, specifications, reports and other documents are <br /> confidential and will not be released to third parties without prior written consent of both <br /> Parties. <br /> 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books <br /> of account, invoices, vouchers, canceled checks, and other records or documents <br /> evidencing or relating to charges for services or expenditures and disbursements charged <br /> to the City under this Agreement for a minimum of 3 years, or for any longer period <br /> required by law, from the date of final payment to the Consultant to this Agreement. <br /> 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this <br /> Agreement requires Consultant to maintain shall be made available for inspection, audit, <br /> and/or copying at any time during regular business hours, upon oral or written request of <br /> the City. Under California Government Code Section 8546.7, if the amount of public funds <br /> expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to <br /> the examination and audit of the State Auditor, at the request of City or as part of any audit <br /> of the City, for a period of 3 years after final payment under the Agreement, <br /> Section 10. MISCELLANEOUS PROVISIONS. <br /> Consulting Services Agreement between City of San Leandro and CSG Consultants 7/19/2017 <br /> for On-Call Civil Engineering and Land Surveying Consulting Services Page 11 of 15 <br />