SANTA ANA EMPOWERMENT CORPORATION (2) - 2007

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examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. SAEC and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUB RECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event SUB RECIPIENT does not make the above-referenced documents available within the SAEC of Santa Ana, California, SUB RECIPIENT agrees to pay all necessary and reasonable expenses incurred by SAEC in conducting any audit at the location where said records and books of account are maintained. F. All accounting records and evidence pertaining to all costs of SUB RECIPIENT and all documents related to this Agreement shall be kept available at SUBRECIPIENT's office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance ofthis Agreement, or (b) costs and expenses of this Agreement to which SAEC or any other governmental agency takes exception, shall be retained beyond the five (5) years until resolution or disposition of such appeals, litigation, claims, or exceptions. G. SUB RECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. H. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUB RECIPIENT shall be reported immediately to SAEC. 1. SUB RECIPIENT acknowledges and warrants that it shall at all times comply with the laws, regulations and policies governing the use of FEZ funds, including but not limited to, the limitations on use of FEZ funds set forth in P.L. 106-74 (2000), 24 CFR section 598.215 and Federal Register, April 16, 1998. 1. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to SAEC and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUB RECIPIENT, costs incurred and services rendered hereunder. K. SUB RECIPIENT agrees that the performances of obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency of SAEC.