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2009 - 10-05-09 Regular Meeting
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2009 - 10-05-09 Regular Meeting
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Admin-Clerk
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Minutes
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Board of Commissioners
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0 0 <br />BOOK 23 FAGt 104 <br />(c) The College may unilaterally terminate or modify this contract if <br />necessitated by unavailability of or reduction in funding, and/or non- <br />performance by the Contractor. <br />(d) Contractor shall have the right to terminate this contract if the College <br />breaches any of the material covenants, agreements, representations, or <br />stipulations of this contract and has failed to correct such breach within 30 <br />days after receiving written notification from the contractor of the breach. <br />Upon termination the College shall not be relieved of its duty to pay <br />Contractor for services performed in accordance with the contract and <br />prior to the effective date of termination. <br />36. Incorporated Documents and Definitions <br />(a) Documents Included in the Contract <br />The following documents are hereby made a part of this Contract by <br />reference, and compliance with the applicable provisions of the documents <br />is a condition of this Contract: the Workforce Investment Act. WIA Final <br />Rule, 20 CFR. Part 652, et al., and the regulations promulgated <br />thereunder; other applicable federal laws, regulations, orders, circulars and <br />issuances; applicable state laws, regulations. instructions and issuances; <br />the Contractor's Proposals and Attachments thereto; and the Assurances <br />and Certifications. Attachment G <br />(b) Definitions Incorporated in the Contract <br />All definitions included in the Act and the regulations promulgated under <br />the Act, in other applicable federal statutes, regulations, circulars and <br />directives and in applicable sections of the North Carolina General <br />Statutes and the North Carolina Administrative Code are incorporated <br />herein by reference, whether defined at the time of this agreement or at <br />any time during the period of the agreement. <br />(c) Special Definitions <br />Whenever the Act and the regulations promulgated thereunder permit or <br />require the Governor or the State to define certain words or phrases, or <br />whenever the State or College determines that a definition is necessary, <br />the State or the College may define such words or phrases by issuance, <br />rule, directive, bulletin or instruction, and such definitions shall be <br />incorporated herein by reference. <br />(d) Changes in Incorporated Documents and Definitions <br />The parties are bound by changes in federal and state law that occurs <br />Page 14 of 16 <br />
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