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~. <br />The Provider is and shall be deemed to be an independent contractor in the performance of this contract and agrees <br />to indemnity and save harmless the Department against any claims of third parties azising out of any act or <br />omission of the Provider, its agents, employees and subcontractors in the performance of this contract. <br />SECTION V: Subcontracting <br />- The Provider shall not subcontract any of the work contemplated under this contract without obtaining PRIOR <br />WRITTEN APPROVAL from the Department. Any approved subcontract shall be subject to all conditions of this <br />contract. The Provider shall be responsible for the performance of any subcontractor. <br />SECTION VI: Right to Data <br />The Department may duplicate, use and disclose all data delivered under this contract. The Provider may <br />copyright data generated as a result of the contract, however, this data shall not be mazked for profit by the <br />Provider. Additionally, the Provider grants to the Department a royalty fee, non-exclusive, irrevocable license to <br />publish, translate, reproduce, deliver, perform and dispose of all data now or herafter covered by such copyright. <br />With respect to data not originated in the performance of this contract, the above license shall be only to the extent <br />that the Provider has the right to grant such license without becoming liable to pay compensation to others because <br />of such grant. All publications or reports of investigation, or studies based upon generated as a result of the <br />contract shall acknowledge the support provided by the Department. <br />SECTION VII: Determination of Participant Eligibility <br />'The Department has the responsibility of intake, initial determination and redetermination of eligibility for <br />service(s), in accordance with Federal, State, and County regulations. It is the responsibility of the Department to <br />notify the provider of the eligibility status of each individual for the service(s), the period of time -for which <br />service(s) aze authorized, and any changes in the eligibility status. This is done throng the use of Form DSS-1360 <br />(Rev. 4/94) for Work First Program participants. <br />The Provider may not be reimbursed under this contract for clients who were served in the absence of a valid DSS- <br />-1360 (Rev. 4/94) or for any period of time not covered by an authorized DSS-1360 (Rev. 4/94) <br />SECTION VIII: Conflict of Interest <br />The Provider expressly states that he presently has no interest and shall not acquire any interest, direct or indirect, <br />which would conflict, in any manner or degree with the performance of service required to be performed under this <br />contract. The Provider further agrees to notify the Department in writing of any instance that might have the <br />appeazance of a conflict of interest. Upon execution of this contract and prior to disbursement of funds, the <br />Provider shall submit to the Department a notazized copy of the Provider's policy addressing conflict of interest in <br />accordance with the North Carolina law. <br />.SECTION IX: Treatment of Assets <br />Treatment of assets acquired under this contract shall be subject to the following: <br />A. Ownership of property purchased by the Provider under the terms of this contract for which <br />reimbursement by the Department is based upon the actual purchase cost of the property shall <br />immediately vest with the Department upon such reimbursement. <br />B. The Department shall have no claim to property purchased by the Provider under th~,terms of this <br />Contract for which reimbursement by the Department is based upon an approved depreciation <br />schedule or use allowance. Interest changes on rented/leased equipment aze not reimbursable. <br />SECTION X: Administrators for the Contract <br />The persons named below shall be administrators for the respective parties and shall be the persons to whom <br />notices provided for in this Contract shall be given and to whom matters relating to administration or interpretation <br />of this Contract shall be addrgssed. Either party may. change its administrator or his address or his telephone <br />number by written notice to the other party. <br />Page 3 of 6 <br />