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<br /> 67Þ <br /> 9.1 Time of performance for this Agreement will be for a period of days from the <br /> date of execution of this Agreement by both parties. <br /> ARTICLE 10 <br /> PAYMENTS TO THE CONTRACTOR <br /> 10.1 CITY ag rees to grant to SUBRECIPIENT an amount not to exceed <br /> for services SUBRECIPIENT performs in accôrdance with <br /> the Statement of Work and in keeping with the record of expenditures. <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 Subsections <br /> 3.2.3 and 3.4.2. A sample billing statement is attached to this Agreement as Exhibit "C". <br /> ARTICLE 11 <br /> AUDIT <br /> 11.1 SUBRECIPIENT will furnish the CITY with a certified audit prepared by a certified <br /> public accountant for its activities during the term of the Agreement as specified in Section <br /> 10.1. The audit will include receipts and disbursements of any payments to <br /> SUBRECIPIENT under the terms of this Agreement. SUBRECIPIENTwili provide a written <br /> copy of the audit to the CITY within 120 days from the date of Agreef1lent close out. The <br /> CITY will accept a regular annual audit prepared for the SUBRECIPIENT by a CPA if it is <br /> in compliance with the applicable HUD CDBG grant requirements specified in Article 5 of <br /> this Agreement. <br /> 11.2 SUBRECIPIENT will require that the auditor preparing the audit cooperate fully with <br /> the CITY relating to any inquiries by CITY as to the provision of this audit. <br /> ARTICLE 12 <br /> A TTORNEY'S FEES <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 /> ARTICLE 13 <br /> VENUE AND REMEDIES <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 /> 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 />