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<br />date of execution of this Agreement by both parties. <br /> <br />ARTICLE 10 <br />PAYMENTS TO THE CONTRACTOR <br /> <br />10.1 City agrees to grant to Sub recipient an amount not to exceed $ <br />for services Subrecipient performs in accordance with the Statement of Work and in <br />keeping with the record of expenditures. <br /> <br />10.2 The City will make payments to the Subrecipient following the submission of <br />completed billing statements and payment requests in conformance with Article 3 of this <br />Agreement. A sample billing statement is attached to this Agreement as Exhibit "C". <br /> <br />ARTICLE 11 <br />AUDIT <br /> <br />11.1 Subrecipient will furnish the City with a certified audit prepared by a certified public <br />accountant for its activities during the term of the Agreement. The audit will include <br />receipts and disbursements of any payments made by City to Subrecipient under the terms <br />of this Agreement. Subrecipient will provide a written copy of the audit to the City within <br />120 days from the date of Agreement close out. The City will accept a regular annual audit <br />prepared for the Subrecipient by a CPA if it is in compliance with the applicable HUD <br />CDBG grant requirements specified in Article 5 of this Agreement. <br /> <br />11.2 Subrecipient will require that the auditor preparing the audit cooperate fully with the <br />City relating to any inquiries by City as to the provision of this audit. <br /> <br />ARTICLE 12 <br />ATTORNEY'S FEES <br /> <br />12.1 Any party to this Agreement who prevails in any legal proceedings between the <br />parties regarding this Agreement will be entitled to recover court costs and reasonable <br />attorney's fees from the nonprevailing party. <br /> <br />ARTICLE 13 <br />VENUE AND REMEDIES <br /> <br />13.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for <br />any dispute arising under this Agreement is in Hays County, Texas. <br /> <br />13.2 In addition to any other remedy available by law, it is specifically provided that either <br />party may enforce this Agreement by specific performance in a court of competent <br />jurisdiction. <br /> <br />5 <br />