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01/14/2013 21:09 f. 209477 CUBIBURU:LIVESTOCK PAGE 09 taken or shall take to prevent future similar unauthorized use or 0 sc losure. Contractor shall provide County other information, including a written)i sport, as reasonably requested by County. Examination of records County and, if the applicable contract or grant so provides, the other ntracting party or grantor (and if that to the United States, or an agency or lnst�i imentality thereof, then the Controller General of the United States) shall haves access to and the right to examine any pertinent books, documents, papers, ani lecords of Contractor involving transactions and work related to this Agreemeft until the expiration of five years after final payment hereunder_ Contractor all retain project records for a period of five years from the date of final payment . I g. Assistance in litigation or administrative proceedings Contractor shall make itself and any employees, subcontractors,' r agents assisting Contractor in the performance of its obligations under the ' greement available to County at no cost to County to testify as witnesses, or of erwise, in the event of litigation or administrative proceedings against County, ills directors, officers, agents or employees based upon a claimed violation of laws elating to security and privacy and arising out of this Agreement. ; h. No third -party rights Nothing in this Agreement is intended to make any person or entity;ho is not signatory to the Agreement a third -party beneficiary of any right cre#tt d by this Agreement or by operation of law. Attorney's fees In any action brought by a party to enforce the terms of this Agr went, the prevailing party shall be entitled to reasonable attorney's fees nd costs, including the reasonable value of any services provided by in -hour counsel. The reasonable value of services provided by in-house counsil shall be calculated by applying an hourly rate commensurate with prevailing nh rket rates charged by attorneys in private practice for such services. j. Survival The terms and conditions set forth shall survive termination of the' greement between the parties. i 23. Entire Agreement and Modification: This Agreement and all documents incorporated by reference supersedes !a I previous Agreements either oral or in writing and constitutes the entire understari ng of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties. Agmement/Contract for. Cubiwru Livestock Inc. Tracking #: 32967-4 Page 8 of 9 i