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(a) require Contractor to take necessary action to ensure that future performance conforms to this <br />contract requirements; and <br />(b) equitably reduce the payment due to Contractor to reflect the reduced value of the Services <br />performed. <br />These remedies shall in no way limit the remedies available to the State in other provisions of this contract <br />or remedies otherwise available in equity or at law, all of which may be exercised by the State, at its option, <br />in lieu of or in conjunction with the preceding measures. Furthermore, the reduction, delay or denial of <br />payment under this provision shall not constitute a breach of contract or default by the State. <br />9. Reporting <br />Unless otherwise provided in this contract or the exhibits hereto, Contractor shall submit, on a quarterly <br />basis and upon termination or completion of work, a written progress report analyzing the performance <br />under this contract and specifying progress made for each activity identified in Contractor's duties and <br />obligations. Such written analysis shall be in accordance with the procedures developed and prescribed by <br />the State. The preparation of reports in a timely manner shall be the responsibility of Contractor and failure <br />to comply may result in the delay of payment of funds and/or termination of this contract. Required reports <br />shall be submitted to the State not later than the end of each calendar quarter, or at such time as otherwise <br />specified. Notwithstanding anything herein to the contrary, including without limitation the priority provisions <br />set forth in Section 35, specific reporting requirements set forth in Exhibit A, Scope of Work, or in other <br />exhibits to this contract, shall take precedence over this general reporting provision. <br />10. Maintenance, Inspection and Monitoring of Records <br />10.1 Contractor shall maintain a complete file of all records, documents, communications, notes and other <br />written materials or electronic media, files or communications, which pertain in any manner to the <br />operation of programs or the delivery of Services or Goods under this contract, and shall maintain <br />such records for a period of three (3) years after the date of termination of this contract or final <br />payment hereunder, whichever is later, or for such further period as may be necessary to resolve any <br />matters which may be pending, or until an audit has been completed; provided, that if an audit by or <br />on behalf of the Federal and/or Colorado State government has begun but is not completed or audit <br />findings have not been resolved after a three (3) year period, such materials shall be retained until <br />the resolution of the audit findings. <br />10.2 Contractor shall permit the State, the Federal Government or any other duly authorized agent of a <br />governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's records <br />during the term of this contract and for a period of three (3) years following termination of this <br />contract or final payment hereunder, whichever is later, to assure compliance with the terms hereof <br />or to evaluate Contractor's performance hereunder. <br />10.3 Contractor also shall permit these same described entities to monitor all activities conducted by <br />Contractor pursuant to the terms of this contract. As the monitoring agency, in its sole discretion, <br />may deem necessary or appropriate, such monitoring may consist of internal evaluation procedures, <br />examination of program data, special analyses, on-site checking, formal audit examinations, or any <br />other reasonable procedure. All such monitoring shall be performed in a manner that will not unduly <br />interfere with contract performance. <br />11. Confidentiality of State Records and Information <br />11.1 Contractor acknowledges that it may come into contact with confidential information in connection <br />with this contract or in connection with the performance of its obligations under this contract, <br />including but not limited, to personal records and information of individuals. It shall be the <br />responsibility of Contractor to keep all State records and information confidential at all times and to <br />comply with all Colorado State and Federal laws and regulations concerning the confidentiality of <br />information to the same extent applicable to the State. Any request or demand for information in the <br />Page 4 of 14 <br />