|
DocuSign Envelope ID.52BB70E3-96E2-4B7D-8028-A3475A4F7A1 E
<br /> Financial Status Report, if applicable, or three years
<br /> Copyrights and Ownership of Deliverables: All following the submission of a revised final Federal
<br /> deliverable items produced pursuant to this Contract are Financial Status Report. Also, if any litigation, claim,
<br /> the exclusive property of the Recipient. The Subrecipient negotiation, audit, disallowance action, or other action
<br /> shall not assert a claim of copyright or other property involving this Contract has been started before expiration
<br /> interest in such deliverables. of the five-year retention period described above, the
<br /> records must be retained until completion of the action
<br /> and resolution of all issues which arise from it,or until the
<br /> Compliance with Applicable Laws end of the regular five-year period described above,
<br /> whichever is later.
<br /> Compliance with Laws: The Subrecipient shall comply
<br /> with all laws, ordinances, codes, rules, regulations, and Miscellaneous
<br /> licensing requirements that are applicable to the conduct
<br /> of its business, including those of federal, state, and local Choice of Law: The validity of this Contract and any of
<br /> agencies having jurisdiction and/or authority. its terms or provisions, as well as the rights and duties of
<br /> the parties to this Contract, are governed by the laws of
<br /> Equal Employment Opportunity: The Subrecipient North Carolina. The Subrecipient, by signing this
<br /> shall comply with all federal and state laws relating to Contract, agrees and submits, solely for matters
<br /> equal employment opportunity. concerning this Contract, to the exclusive jurisdiction of
<br /> the courts of North Carolina and agrees, solely for such
<br /> Confidentiality purpose, that the exclusive venue for any legal
<br /> proceedings shall be Wake County, North Carolina. The
<br /> Confidentiality: Any information, data, instruments, place of this Contract and all transactions and agreements
<br /> documents, studies or reports given to or prepared or relating to it, and their situs and forum, shall be Wake
<br /> assembled by the Subrecipient under this agreement shall County. North Carolina, where all matters, whether
<br /> be kept as confidential and not divulged or made available sounding in contract or tort, relating to the validity,
<br /> to any individual or organization without the prior written construction, interpretation, and enforcement shall be
<br /> approval of the Recipient. The Subrecipient determined.
<br /> acknowledges that in receiving, storing, processing or
<br /> otherwise dealing with any confidential information it Amendment: This Contract may not be amended orally
<br /> will safeguard and not further disclose the information or by performance. Any amendment must be made in
<br /> except as otherwise provided in this Contract. written form and executed by duly authorized
<br /> representatives of the Recipient and the Subrecipient.
<br /> Oversight
<br /> Severability: In the event that a court of competent
<br /> Access to Persons and Records: The State Auditor shall jurisdiction holds that a provision or requirement of this
<br /> have access to persons and records as a result of all Contract violates any applicable law,each such provision
<br /> contracts or grants entered into by State agencies or or requirement shall continue to be enforced to the extent
<br /> political subdivisions in accordance with NCGS 147- it is not in violation of law or is not otherwise
<br /> 64.7. Additionally, as the State funding authority, the unenforceable and all other provisions and requirements
<br /> Recipient and all applicable federal agencies or their of this Contract shall remain in full force and effect.
<br /> agents shall have access to persons and records as a result
<br /> of all contracts or grants entered into by State agencies or Headings: The Section and Paragraph headings in these
<br /> political subdivisions. General Terms and Conditions are not material parts of
<br /> the agreement and should not be used to construe the
<br /> Record Retention: Records shall not be destroyed, meaning thereof.
<br /> purged or disposed of without the express written consent
<br /> of the Recipient. State basic records retention policy Time of the Essence: Time is of the essence in the
<br /> requires all grant records to be retained for a minimum of performance of this Contract.
<br /> five years or until all audit exceptions have been resolved,
<br /> whichever is longer. If the contract is subject to federal Key Personnel: The Contractor shall not replace any of
<br /> policy and regulations, record retention may be longer the key personnel assigned to the performance of this
<br /> than five years since records must be retained for a period contract without the prior written approval of the
<br /> of three years following submission of the final Federal Recipient. The term"key personnel"includes any and all
<br /> Page 8 of 16
<br />
|