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BK - 00027 PG <br />the benefit of any third person or persons. No third party may enforce any part of this <br />Agreement or shall have any rights hereunder. This Agreement does not create, and <br />shall not be construed as creating, any rights enforceable by any person not a party to <br />this Agreement. <br />VI. PROPERTY. All property furnished under this agreement shall become the property <br />of the Sub - grantee. The Sub - grantee shall be responsible for the custody and care of <br />any property furnished for use in connection with the performance of this agreement. <br />Grantee will not be held responsible for any equipment purchased by Sub- grantee. <br />VII. COMMUNICATIONS AND POINTS OF CONTACT <br />To provide consistent and effective communication between the Sub - grantee and the <br />Department of Public Safety, North Carolina Emergency Management, each party shall <br />appoint a Principal Representative(s) to serve as its central point of contact responsible <br />for coordinating and implementing this MOA. Grantee contacts shall be Michael A. <br />Sprayberry, Director; Dianne Benton, Training and Exercise Branch Grant Manager. <br />The sub - grantee signatory shall be Shane Seagroves EM Coordinator Lee County and <br />the point of contact shall be Shane Seagroves, EM Coordinator, Lee County. <br />All confidential information of either party disclosed to the other party in connection <br />with the services provided hereunder will be treated by the receiving party as <br />confidential and restricted in its use to only those uses contemplated by the terms of <br />this MOA. Any information to be treated as confidential must be clearly marked as <br />confidential prior to transmittal to the other party. Neither party shall disclose to third <br />parties, the other party's confidential information without written authorization to do <br />so from the other party. Specifically excluded from such confidential treatment shall <br />be information that: (i) as of the date of disclosure and/or delivery, is already known <br />to the party receiving such information; (ii) is or becomes part of the public domain <br />through no fault of the receiving party; (iii) is lawfully disclosed to the receiving party <br />by a third party who is not obligated to retain such information in confidence; or (iv) <br />is independently developed at the receiving party by someone not privy to the <br />confidential information. In accordance with the FY 2014 Homeland Security Grant <br />Program (HSGP) Funding Opportunity Announcement (FOA), "FEMA recognizes <br />that much of the information submitted in the course of applying for funding under <br />this program, or provided in the course of its grant management activities, may be <br />considered law enforcement sensitive or otherwise important to national security <br />interests. While this information under Federal control is subject to requests made <br />pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. §552 et. seq., all <br />determinations concerning the release of information of this nature are made on a <br />case -by -case basis by the FEMA FOIA Office. The Grantee and NCOI should be <br />familiar with the regulations governing Sensitive Security Information (49 CFR Part <br />1520), as it may provide additional protection to certain classes of homeland security <br />information." <br />VIII. SUBCONTRACTING. If the Sub - grantee subcontracts any or all purchases required <br />under this Agreement, Sub - grantee agrees to include in the subcontract that the <br />subcontractor is bound by the terms and conditions of this MOA. Sub - grantee agrees <br />to include in the subcontract that the subcontractor shall hold Grantee harmless against <br />all claims of whatever nature arising out of the subcontractor's performance of work <br />Page 6 of 11 <br />