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B. Records. An Owner performing maintenance or making repairs or replacements pursuant to Sections 2.A(ii), 2.B(ii) or 2.C(ii) of this Article III (a "Maintaining Owner") must maintain accurate records regarding the West Access Easement Maintenance Costs, East Access Easement Maintenance Costs, or Shared Storm Sewer Improvement Maintenance Costs the Maintaining Owner incurs (the "Maintenance Costs Records"); provided the Maintaining Owner may, at any time, discard Maintenance Costs Records that are more than seven (7) years old. A Owner who is obligated to pay a Maintaining Owner for West Access Easement Maintenance Costs, East Access Easement Maintenance Costs or Shared Storm Sewer Improvement Maintenance Costs (a "Paying Owner") may, upon submission of a written request to the Maintaining Owner to whom the Paying Owner is obligated to make payments, examine such Maintaining Owner's Maintenance Cost Records and the Maintaining Owner must make its Maintenance Cost Records available to the Paying Owner for review within thirty (30) days of the Paying Owners' Request. If, after inspecting a Maintaining Owner's Maintenance Cost Records, a Paying Owner believes there are errors or discrepancies in the Maintaining Owners Maintenance Records which have resulted in overpayment by the Paying Owner, the Paying Owner may notify the Maintaining Owner of the existence and substance of all discrepancies the Paying Owner is alleging. The Paying Owner and the Maintaining Owner shall have thirty (30) days to resolve the alleged discrepancies to their mutual satisfaction, and if they are not successful in resolving the discrepancies to their mutual satisfaction, either the Maintaining Owner or the Paying Owner may in Anoka County District Court to pursue any and all remedies available at law or in equity including, but not limited to the commencement of one or more actions seeking monetary damages, injunctive relief and specific performance. In any such action, the prevailing party shall be entitled to recover its reasonable attorney fees and costs and, if the Paying Party prevails, the Paying Owner may also recover the actual out of pocket costs the Paying Owner incurred to review and audit the Maintaining Owners Maintenance Records C. Interest and Late Fees. If any Paying Owner fails to pay its share of West Access Easement Maintenance Costs, East Access Easement Maintenance Costs or Shared Storm Sewer Improvement Maintenance Costs within thirty (30) days after receipt of a Payment Request, then in addition to such rights and remedies provided for under Section 6, the Maintaining Owner entitled to receive such payment is entitled to also receive: (i) interest at a rate equal to the lower of the highest rate permitted by law, or four percent (4%) above the reference rate announced from time to time by U.S. Bank, N.A., Minneapolis office (or the reference rate of any successor bank designated by mutual agreement of the parties), from the date the payment was due until the date the payment is received; (ii) a late payment charge in the amount of Two Hundred Fifty Dollars ($250.00), not as a penalty, but as a way of defraying the costs that 7 4873445v8