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hours, to such records as may be necessary to determine, in respect of any year ending not more than two ( 2) years prior to the date of such request, the correctness of any report or payment under this Agreement. All out-of-pocket costs for such auditing borne by Burke shall be reimbursed by the Zieglers if the payment shall be delinquent by more than six (6) percent . On the commencement date of the second year, and on the commencement date of each year thereafter , the fee of twenty ( 20) cents per cubic yard shall be adjusted to reflect any changes in the United States Department of Labor ' s Bureau of Labor Statistics, Producer Price Index or the successor of that index ( "Producer Price Index" ) . The fee shall be adjusted to an amount determined by multiplying the most recent fee payable to Burke by a fraction, the denominator of which shall be the most recent Producer Price Index published prior to the commencement of this Agreement, and the numerator of which shall be the most recent Producer Price Index published prior to the date of adjustment ; provided that the increase or decrease in such fee shall be limited to five ( 5) percent per year . It is understood by the Zieglers that the minimum fixed annual amounts set forth above are not subject to any decrease or increase. The Zieglers agree to pay all costs and expenses ( including reasonable attorneys fees) paid or incurred by Burke in collecting any payments due Burke under this Agreement. Delinquent payments shall accrue interest at 12% per annum from the due date, until paid. In the event of total condemnation or taking of the Property, and the Zieglers cease quarry operations on the Property by reason of such condemnation or taking, the Zieglers may elect to terminate this Agreement. In the event of a partial condemnation or taking of the Property which prevents the normal operation of the quarry on the Property, this Agreement shall not terminate but the payments due to Burke under this Agreement shall abate in the proportion of the interference with the normal operation of the quarry during the time of such business interference. In the event of partial or total destruction or damage to the Property by reason of force majeure which prevents the normal operation of the quarry on the Property, this Agreement shall not terminate but the payments due to Burke under this Agreement shall abate in the proportion of the interference with the normal operation of the quarry during the time of such business interference. In the event that the operation of the quarry on the Property is enjoined or prevented by litigation or proceedings instituted against the Zieglers or involving the Property, the Agreement shall not terminate but the payments due to Burke under this Agreement shall abate during the time of such interference. 4 /15 0 'J