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~~ <br />treatment shall be information which: (i} as of'the date of disclosure and/or delivery, is already <br />known to the patty 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 third <br />pazty 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 subgr~ants any or all purchases r•equir•ed under this Agreement, <br />Sub-grantee agrees to include in the subcontract or subgtant that.the subcontractor/subgrantee is <br />bound by the terms and conditions of'this MOA. Sub-grantee agrees to include in the <br />subcontractlsubgtantrhat the subcontractor/subgtantee shall hold the Grantee hazmless against <br />all claims ofwhatever nature azising out ofthe subcontractor's performance of'woric under this <br />MOA, to the extent allowed and required by law. If Sub-grantee subcontracts/subgrants, acopy <br />of'the executed subcontract/subgrant agreement must be forwarded to the Grantee and approval <br />granted prior to the execution of said subcontract/subgrant. Contractual azr angement 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 Preparedness Program Guidelines and Application <br />Kits refer~ence~d herein. <br />7~IIII. COMPLIANCE WTi'Ii THE LAW <br />Sub-grantee shall be wholly responsible for the purchases to be made under this MOA and for <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 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 USDOT, OTP, ODP Program Guidelines and <br />Application Kits.. <br />XIV. WARRANTY <br />Sub-grantee shall hold the Grantee hazmless for any liability and personal injury that may occur <br />from or im connection with the performance of'this MOA to the extent permitted by the North <br />Cazolina 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 />