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0 <br />S <br />(iv) is independently developed at the receiving party by someone not privy to the confidential <br />information. <br />XII. SUBCONTRACTING AND SUBGRANTING <br />If the AGENCY subcontracts or subgrants any or all purchases required under this Agreement, <br />AGENCY agrees to include in the subcontract or subgrant that the subcontractor/subgrantee is <br />bound by the terms and conditions of this MOA AGENCY agrees to include in the <br />subcontract/subgrant that the subcontractor/subgrantee shall hold the Depaztment of Clime <br />Control and Public Safety, Division of Emergency Management harmless against all claims of <br />whatever nature azising out of the subcontractor's performance of work under this MOA, to the <br />extent allowed and required bylaw. If AGENGY subcontracts/subgtants, acopy ofthe executed <br />subcontract/subgrant agreeanent must be forwarded to the Division of Emergency Management <br />and approval granted prior to the execution of said subcontract/subgrant. Contractual <br />arrangement shaII is no way relieve AGENCY of its responsibilities to ensure that all fiords <br />issued pursuant to this grant be administered in accordance with all state and federal <br />requirements. AGENCY is bound by the terms, conditions and restrictions of the applicable <br />USDHS, SLGCP, ODP, Homeland Security and Office of Domestic Prepazedness Program <br />Guidelines and Application Kits referenced herein. <br />?HIII. COMPLIANCE WITH THE LAW <br />• <br />AGENCY shall be wholly responsible for the purchases to be made under this MOA and for the • <br />supervision of~ its employees and assistants. AGENCY shall be responsible for compliance with <br />all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory <br />matters that are applicable to the conduct of its business and purchase requirements performed <br />under this MOA, including those of federal requirements and ,State, and local agencies having <br />appropriate jurisdiction and found in applicable USDHS, SLGCP, ODP Program Guidelines and <br />Application Kits. <br />XIY. WARRANTY <br />AGENCY shall hold the Department of Crime Control and Public Safety, Division of <br />Emergency Management harmless for any liability and personal injury that may occur from or in <br />cormection with the performance of this MOA to the extent permitted by the North Carolina Tort <br />Claims Act. <br />XV. ANTITRUST LAWS <br />Ibis Agreement is entered into in compliance with all State and Federal antiiaust laws <br />XVL TER1VLiNATION <br />The tcrmination date is March 31, 2007. This MOA may be terminated upon submission of~ a <br />30-day advance written notice of termination. <br />Page 5 of 7 <br />f• <br />