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8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans. specifications. drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreemen t; 8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or 8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work . Section 9. KEEPING AND STATUS OF RECORDS . 9.1 Records Created as Part of Contractor 's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records. files, or any other documents or materials. in electronic or any other form , that Contractor prepares or obtains pursuant to this Agreemen t and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, inc luding but not limited to those described above, prepared pursuant to this Agreement are prepared specifically fo r the City and are not necessarily suitable for any future or other use. City and Contractor agree that, unti l final approval by City, all data, plans, specifications, reports and other documents are confidentia l and will not be released to third parties without prior written consent of both Parties. 9.2 Contractor 's Books and Records . Contractor shall mainta in any and all ledgers, books of account, invoices, vouche rs, canceled checks, and other records or documents evidencing or relating to charges for services or expenditu res and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of th is Ag reement requires Contractor to maintain shall be made available for inspection, audit. and/or copying at any time during regu lar business hours, upon oral or written request of the City . Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City. for a period of 3 years after final payment under the Agreement. Section 10 . MISCELLANEOUS PROVISIONS . 10 .1 Attorneys ' Fees. If a party to th is Agreemen t brings any action, including an action for declaratory relief. to enforce or interpret the provision of this Agreement. the prevailing Non-Professional Services Agreement between City of San Leandro and Rubicon Enterprises. Inc. for Citywide Turf Maintenance Services Page 12 of 15