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Award #: 9104757 <br />certifies that it is not an "an organization which employs applicable individuals" that have <br />been indicted for federal election law crimes, as defined in section 2304 of HERA. <br />c. That, with respect to the Recipient and any subcontractors, all Federal, State and local tax <br />obligations have been or will be satisfied prior to receiving recovery funds. This provision <br />shall be included in all subcontracts. <br />2. The Recipient hereby acknowledges that it is and shall be deemed to be an independent contractor in <br />the performance of this Agreement and the program and as such shall be wholly responsible for the <br />work to be performed and for the supervision of its employees and Sub recipients. The Recipient <br />represents that it has, or shall secure at its own expense, all personnel required .in performing the <br />services under this Agreement. Such employees shall not be employees of, or have any individual <br />contractual relationship with, OERI. <br />Notices: All notices permitted or required to be given from one Party to the other shall be addressed, <br />communicated and/or delivered as follows. <br />State Reci Tent <br />Martha Are, Polic Anal st Sharron Hinton, Communi Services Mana er <br />NC OERI Oran e Coun DSS <br />221 E. Lane Street P.O. Box 8181 <br />Ralei , NC 27601 Hillsborou , NC 27278 <br />919-733-1523 919-245-2840 <br />Fax: 919-733-2422 <br />Either Party may change the name, address, telephone number fax number, or email by giving <br />timely written notice to the other Party. <br />4. Availability of Funds. The Parties agree and understand that the payment of the sums from OERI to <br />Recipient specified in this Agreement is dependent and contingent upon and subject to the <br />appropriation, allocation, and availability of funds for this purpose to OERI. Recipient understands and <br />acknowledges that any and all payment of funds or the continuation thereof is contingent upon funds <br />provided solely by ARRA or required state matching funds. <br />5. Survival of Promises. All promises, requirements, terms, conditions, provisions, representations, <br />guarantees, and warranties by Recipient contained herein shall survive the contract expiration or termination <br />date unless specifically provided otherwise herein. <br />6. Time of the Essence. Time is of the essence in the performance of this Agreement. This Grant <br />Agreement will expire on August 31, 2012. <br />7 Controllin Law. This Agreement shall be governed by and construed in accordance with the laws <br />of the State of North Carolina, not inconsistent with applicable federal laws and regulations, except that <br />the Parties agree that no .terms, provisions or language in this Agreement shall be presumed or construed <br />against any other Party based on its involvement in the drafting of this Agreement. <br />8 Future Cooperation. The Parties agree to cooperate fully with one another, to execute any and all <br />supplementary instruments and/or agreements that may be necessary or helpful to give full force and <br />effect to the terms of this Agreement and to the Parties' intentions in entering this Agreement. <br />Contract Agreement, p. 11 <br />