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Contract# 1 20/21 (Contractor)Christian Healthcare Adult Daycare Warranties and Certifications Amendment: This contract may not be amended orally or by performance. Any amendment must be made in Date and Time Warranty: The Contractor warrants that written form and executed by duly authorized the product(s) and service(s) furnished pursuant to this representatives of the County and the Contractor. contract("product" includes, without limitation, any piece of equipment, hardware,firmware,middleware,custom or Severability: In the event that a court of competent commercial software, or internal components, jurisdiction holds that a provision or requirement of this subroutines,and interfaces therein)that perform any date contract violates any applicable law, each such provision and/or time data recognition function, calculation, or or requirement shall continue to be enforced to the extent sequencing will support a four digit year format and will it is not in violation of law or is not otherwise provide accurate date/time data and leap year unenforceable and all other provisions and requirements calculations. This warranty shall survive the termination of this contract shall remain in full force and effect. or expiration of this contract. Headings: The Section and Paragraph headings in these Certification Regarding Collection of Taxes: G.S. 143- General Terms and Conditions are not material parts of 59.1 bars the Secretary of Administration from entering the agreement and should not be used to construe the into contracts with vendors that meet one of the conditions meaning thereof. of G.S. 105-164.8(b) and yet refuse to collect use taxes on sales of tangible personal property to purchasers in Time of the Essence: Time is of the essence in the North Carolina. The conditions include: (a)maintenance performance of this contract. of a retail establishment or office; (b) presence of representatives in the State that solicit sales or transact Key Personnel: The Contractor shall not replace any of business on behalf of the vendor; and (c) systematic the key personnel assigned to the performance of this exploitation of the market by media-assisted, media- contract without the prior written approval of the County. facilitated, or media-solicited means. The Contractor The term "key personnel" includes any and all persons certifies that it and all of its affiliates (if any) collect all identified as such in the contract documents and any other required taxes. persons subsequently identified as key personnel by the written agreement of the parties. E-Verify Care of Property: The Contractor agrees that it shall be Pursuant to G.S. 143-48.5 and G.S. 147-33.95(g), the responsible for the proper custody and care of any undersigned hereby certifies that the Contractor named property furnished to it for use in connection with the below,and the Contractor's subcontractors,complies with performance of this contract and will reimburse the County the requirements of Article 2 of Chapter 64 of the NC for loss of,or damage to,such property.At the termination General Statutes, including the requirement for each of this contract,the Contractor shall contact the County for employer with more than 25 employees in North Carolina instructions as to the disposition of such property and to verify the work authorization of its employees through shall comply with these instructions. the federal E-Verify system." E-Verify System Link: www.uscis.gov Travel Expenses: Reimbursement to the Contractor for travel mileage, meals, lodging and other travel expenses Miscellaneous incurred in the performance of this contract shall not exceed the rates established in County policy. Choice of Law: The validity of this contract and any of its terms or provisions,as well as the rights and duties of the Sales/Use Tax Refunds: If eligible, the Contractor and parties to this contract, are governed by the laws of North all subcontractors shall: (a) ask the North Carolina Carolina.The Contractor, by signing this contract,agrees Department of Revenue for a refund of all sales and use and submits, solely for matters concerning this Contract, taxes paid by them in the performance of this contract, to the exclusive jurisdiction of the courts of North Carolina pursuant to G.S. 105-164.14; and (b) exclude all and agrees, solely for such purpose, that the exclusive refundable sales and use taxes from all reportable venue for any legal proceedings shall be the county is expenditures before the expenses are entered in their which the contract originated. The place of this contract reimbursement reports. and all transactions and agreements relating to it, and their situs and forum, shall be the county where the Advertising: The Contractor shall not use the award of contract originated, where all matters, whether sounding this contract as a part of any news release or commercial in contract or tort, relating to the validity, construction, advertising. interpretation, and enforcement shall be determined.