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treatment shall be information which: {i) as of the date of disclosure and/or delivery, is already <br />known to the party receiving such information; (ii) is or' becomes pazt of the public domain, <br />through no fault of'the receiving party; (iii) is lawfully disclosed to the receiving party by a thixd <br />party who is not obligated to retain such information in confidence; or• (iv) is independently <br />developed at the receiving party by someone not privy to the confidential information.. <br />XII. SUBCONTRACTING AND SUBGRANTING <br />If the Sub-grantee subcontracts or subgrants any or all purchases requited under this Agreement, <br />Sub-grantee agrees to include in the subcontract or subgrant that the subcontractoz/subgrantee is <br />bound by the terms and conditions of this MOA. Sub-grantee agrees to include in the <br />subcontract/subgrant that the subcontractor/subgr•antee shall hold the Grantee harmless against <br />all claims of whatever nature arising out of the subcontractor's performance of work under this <br />MOA, to the extent allowed and required by law. Tf Sub-grantee subcontr•acts/subgr•ants, acopy <br />of'the executed subcontract/subgrant agreement must be forwaz•ded to the Grantee and approval <br />granted prior to the execution of said subcontract/subgrant. Contractual arrangement shall in no <br />way relieve Sub-grantee of its responsibilities to ensure that all funds issued pursuant to this <br />grant be administered in accordance with all state and federal requirements.. Sub-grantee is <br />bound by the terms, conditions and restrictions of'the applicable USDHS, SLGCP, ODP, <br />Homeland Security and Office of Domestic Pr•epazedness Program Guidelines and Application <br />Kits referenced hez•ein. <br />XIII. COMPLIANCE WITH THE LAW <br />Sub-grantee shall be wholly responsible for the puz•chases to be made under this MOA and fox' <br />the supervision of its employees and assistants. Sub-grantee shall be responsible for compliance <br />with all laws, ordinances, codes, rules, regulations; licensing requirements and other regulatory <br />matters that az•e applicable to the conduct of its business and purchase zequirements performed <br />under this MOA, including those of federal requirements and ,State, and local agencies having <br />appropriate jurisdiction and found in applicable USDO.T, O,TP, ODP Program Guidelines and <br />Application Kits. <br />X1V. WARRANTY <br />Sub-grantee shall hold the Grantee harmless for any liability and personal injury that may occur <br />from or in connection with the performance of'this MOA to the extent permitted by the North <br />Carolina Tort Claims Act. <br />XV. ANTITRUST LAWS <br />This Agreement is entered into in compliance with all State and Federal antitrust laws. <br />Page 5 of 11 <br />