1991 - 07-08-91 Regular Meeting - Laserfiche WebLink

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0 en 13 90'7 2.2. Definitions Incorporated in the Contract. All definitions included in the Act and the regulations promulgated under the Act, in other applicable federal statues, regulations, circulars and directives and ~tw in applicable sections of the North Carolina General Statutes and the North Carolina Administrative Code are incorporated herein by reference, whether defined at the time of this agreement or at any time during the period of this agreement. 2.3. Special Definitions. Whenever the Act or the Regulations promulgated thereunder permits or requires the Governor to define certain words or phrases, or whenever the SDA determines that a definition is necessary, the SDA may define such words or phrases by issuance, rule, directive, bulletin or instruction, and such definitions shall be incorporated herein by reference. 2.4. Changes-"in Incorporated Documents and Definitions. The parties _are bound by.-changes in federal :andstate .:law.that occur subsequent to the Contract, provided that .such changes, except for..permigsible .retroactive provisions, are incorporated only as of their '%effective dates. " PART III CONDITIONS 3.1. Scope of Services. The Contractor shall perform in a manner satisfactory to the SDA and within federal and state law, the services described in detail in the Contractor's proposal and any amendments thereto that have been approved in writing by the SDA. The Contractor shall resolve any differences between services permitted under federal law or under state law or policy and services described in the proposal in favor of services permitted under federal law or under state law or policy, whichever is more restrictive. 3.2. Geooraphic Area. The Contractor shall perform the services hereunder for the benefit of residents of the geographic area described in the proposal. Unless otherwise described in the proposal and permissible under federal and state law, the program activities shall take place in the same geographic area. 3.3. - Compliance with the Lawn Waiver of Laws. The Contractor shall comply with the terms of this Contract, including the provisions of the documents included herein by reference. The SDA may endeavor to assist the Contractor to apply federal and state statutory and regulatory requirements, but the Contractor shall not be entitled to rely on waiver of any state statutory or regulatory requirement without a signed waiver from the SDA Administrator. No waiver of federal statutory or regulatory requirements shall be effective without a waiver signed by an authorized official at the United States Department of Labor and accepted by the United States Department of Labor or a court of last resort as effective; except that the Director of the Division of Employment and Training, and in turn, the SDA Administrator, may waive any federal statutory or regulatory requirement that may, by its terms, be waived by the Governor. -2-