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EIAF #8550 — Louisville MAC Gym Expansion
<br />(iii) if an audit is occurnng, or Grantee has received notice that an audit is pending, then until such audit
<br />has been completed and its findings have been resolved.
<br />B. Inspection
<br />Grantee shall permit the State, the federal government (if Grant Funds include federal funds) and any other
<br />duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcnbe
<br />Grantee's records related to this Grant during the Record Retention Penod for a period of five years
<br />following termination of this Grant or final payment hereunder, whichever is later, to assure compliance
<br />with the terms hereof or to evaluate Grantee's performance hereunder The State reserves the right to
<br />inspect the Work at all reasonable times and places during the term of this Grant, including any extension.
<br />If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to
<br />bring the Work into conformity with Grant requirements, at Grantee's sole expense If the Work cannot be
<br />brought into conformance by re-performance or other corrective measures, the State may require Grantee to
<br />take necessary action to ensure that future performance conforms to Grant requirements and exercise the
<br />remedies available under this Grant, at law or in equity in lieu of or in conjunction with such corrective
<br />measures
<br />C. Monitoring
<br />Grantee shall permit the State, the federal government (if Grant Funds include federal funds), and other
<br />governmental agencies having junsdiction, in their sole discretion, to monitor all activities conducted by
<br />Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to
<br />internal evaluation procedures, examination of program data, special analyses, on-site checking, formal
<br />audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a
<br />manner that shall not unduly interfere with Grantee's performance hereunder
<br />D. Final Audit Report
<br />Grantee shall provide a copy of its audit report(s) to DOLA as specified in Exhibit B.
<br />10. CONFIDENTIAL INFORMATION -STATE RECORDS
<br />Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in
<br />connection with its performance hereunder Confidential information, includes, but is not necessarily limited to,
<br />state records, personnel records, and information concerning individuals.
<br />A. Confidentiality
<br />Grantee shall keep all State records and information confidential at all times and comply with all laws and
<br />regulations concerning confidentiality of information. Any request or demand by a third party for State
<br />records and information in the possession of Grantee shall be immediately forwarded to the State's
<br />principal representative
<br />B. Notification
<br />Grantee shall notify its agent, employees, Subgrantees, and assigns who may come into contact with State
<br />records and confidential information that each is subject to the confidentiality requirements set forth herein,
<br />and shall provide each with a written explanation of such requirements before they are permitted to access
<br />such records and information.
<br />C. Use, Security, and Retention
<br />Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee
<br />or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee
<br />shall provide and maintain a secure environment that ensures confidentiality of all State records and other
<br />confidential information wherever located Confidential information shall not be retained in any files or
<br />otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State.
<br />D. Disclosure-Liability
<br />Disclosure of State records or other confidential information by Grantee for any reason may be cause for
<br />legal action by third parties against Grantee, the State or their respective agents. Grantee shall, to the extent
<br />permitted by law, indemnify, save, and hold harmless the State, its employees and agents, against any and
<br />all claims, damages, liability and court awards including costs, expenses, and attorney fees and related
<br />costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Subgrantees, or
<br />assignees pursuant to this §10.
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