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DocuSign Envelope ID:52BB70E3-96E2-4B7D-8028-A3475A4F7A1E and State funds maintain their identity as they Assignment: No assignment of the Subrecipient's are subrecipient to other organizations. obligations or the Subrecipient's right to receive payment Pursuant to NCGS 143C-6-23(a)(1), the terms hereunder shall be permitted. However, upon written "State grant funds" and "State grants" do not request approved by the issuing purchasing authority,the include any payment made by the Medicaid State may: program, the State Health Plan for Teachers (a) Forward the Subrecipient's payment check(s) and State Employees, or other similar medical directly to any person or entity designated by the programs. Subrecipient, or (17) "Subrecipient" has the meaning in NCGS (b) Include any person or entity designated by 143C-6-23(a)(3): a non-State entity that Subrecipient as a joint payee on the receives State funds as a grant from a grantee Subrecipient's payment check(s). or from another subrecipient but does not In no event shall such approval and action obligate the include any non-State entity subject to the audit State to anyone other than the Subrecipient and the and other reporting requirements of the Local Subrecipient shall remain responsible for fulfillment of all Government Commission. contract obligations. (18) "Unit of Local Government" has the meaning in NCGS 143C-1-1(d)(29): A municipal Beneficiaries: Except as herein specifically provided corporation that has the power to levy taxes, otherwise, this Contract shall inure to the benefit of and including a consolidated city-county as defined be binding upon the parties hereto and their respective by NCGS 160B-2(1), and all boards, agencies, successors. It is expressly understood and agreed that the commissions, authorities, and institutions enforcement of the terms and conditions of this Contract, thereof that are not municipal corporations. and all rights of action relating to such enforcement, shall be strictly reserved to the Recipient and the named Relationships of the Parties Subrecipient. Nothing contained in this document shall give or allow any claim or right of action whatsoever by Independent Contractor: The Subrecipient is and shall any other third person. It is the express intention of the be deemed to be an independent contractor in the Recipient and Subrecipient that any such person or entity, performance of this Contract and as such shall be wholly other than the Recipient or the Subrecipient, receiving responsible for the work to be performed and for the services or benefits under this Contract shall be deemed supervision of its employees. The Subrecipient represents an incidental beneficiary only. that it has,or shall secure at its own expense,all personnel required in performing the services under this agreement. Ineligible Vendors: As provided in G.S. 147-86.59 and Such employees shall not be employees of, or have any G.S. 147-86.82,the following companies are ineligible individual contractual relationship with, the Recipient. to contract with the State of North Carolina or any political subdivision of the State: a)any company Subcontracting: The Subrecipient shall not subcontract identified as engaging in investment activities in Iran, as any of the work contemplated under this Contract without determined by appearing on the Final Divestment List prior written approval from the Recipient. Any approved created by the State Treasurer pursuant to G.S. 147- subcontract shall be subject to all conditions of this 86.58, and b)any company identified as engaged in a Contract. Only the subcontractors or subrecipients boycott of Israel as determined by appearing on the List specified in the contract documents are to be considered of restricted companies created by the State Treasurer approved upon award of the contract. The Recipient shall pursuant to G.S. 147-86.81. A contract with the State or not be obligated to pay for any work performed by any any of its political subdivisions by any company unapproved subcontractor or subrecipient. The identified in a)or b) above shall be void ab initio. Subrecipient shall be responsible for the performance of all of its subrecipients and shall not be relieved of any of Indemnity the duties and responsibilities of this Contract. Indemnification: The Subrecipient agrees to indemnify Subrecipients: The Subrecipient has the responsibility and hold harmless the Recipient, the State of North to ensure that all subrecipients, if any, provide all Carolina,and any of their officers,agents and employees, information necessary to permit the Subrecipient to from any claims of third parties arising out of any act or comply with the standards set forth in this Contract. omission of the Subrecipient in connection with the performance of this Contract to the extent permitted by law. Page 6 of 16