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employees that are hired to fill existing vacant positions created by employee turnover, retirement, or other reason. Section 8. Administration of Agreement. (a) After execution of this Agreement, MUD Parties may provide that the income tax sharing provisions in this Agreement be administered jointly by City and Cleveland, or by either the Central Collection Agency, Regional Income Tax Authority, or both. The administrator will be responsible for collecting annual employment and income tax data from a relocating business, calculating the aggregate employment and payroll, determining the annual income tax to be shared and determining if the agreement should be terminated due to occurrence of any of the triggering events. (b) If for any reason a relocating business is unable or unwilling to provide the payroll information necessary to make the tax sharing calculations specified in Section 7, the MUD Parties agree to confer in good faith to determine an appropriate alternative calculation. Section 9. Access to Records; Audit. During the tax sharing period provided in Section 7, City and Cleveland shall provide access to the other party's tax withholding and estimated tax records related to the relocating business during normal business hours. Either party, through its representatives or employees, shall be permitted to make and keep photocopies of portions of the other party's records that pertain to such tax withholdings and estimates. Once a year, both Parties shall have the right to have an independent auditor inspect and audit the books and records of the other MUD Party. Section 10. Informal Dispute Resolution. Prior to invoking the provisions of Section 11, if City or Cleveland disagrees with the implementation or interpretation of this Agreement, the parties will use their best efforts to settle such dispute between themselves. If, despite good faith efforts the disagreement cannot be resolved, City or Cleveland may request informal dispute resolution by providing written notice to the other. The disagreement shall be submitted to the President of the Cuyahoga County Mayors and Managers Association for mediation. Unless otherwise agreed to by the MUD Parties, mediation shall be concluded no later than 30 days after receipt of the notice provided for in this Section. Section 11. Defaults and Remedies. A failure to comply with the terms of this Agreement shall constitute a default. The MUD Party in default shall have 60 days after receiving written notice from the other MUD Party of the event of default to cure that default. If the default is not cured within that time period, the non -defaulting MUD Party may sue the defaulting MUD Party for specific performance under this Agreement or for damages or both. This Agreement may not be terminated because of a default unless the MUD Parties agree to such cancellation or termination. Section 12. Amendments. This Agreement may be amended by the MUD Parties only in a writing approved by the legislative authorities of both MUD Parties by appropriate legislation authorizing that amendment. In order for such amendment to be 4