2006 NS EMS - Grant Agreements - 2005 Buffer Zone Protection Program (BZPP) Grant Funds

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M All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds from USDHS, SLGCP, ODP and the Grantee for the purposes set forth and the MOA shall automatically terminate if funds cease to be available. Allowable eligible costs shall be determined in accordance with the applicable federal regulations, including but not limited to, 28 C.F.R. Parts 66, 67, 69 and 70, and the applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits available at ht!p://www.ojp.usdoj.p,ov/guidelinesinfo.htm, OMB Circulars A -21, A -87, A -122, A -128 and A- 133, the U.S. DOJ Office of Justice Programs Financial Guide available at and the approval of the State Administrative Agent FOR THE STATE OF NORTH CAROLINA, the Secretary of Crime Control and Public Safety. The applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits, include but may not be limited to, the following: Fiscal Year 2005 BZPP Grant Program Guidelines. IX. MODIFICATION OF THE AGREEMENT Modifications of this agreement must be in writing and upon approval of both parties except as modified by official USDHS, SLGCP, ODP Federal Grant Adjustment Notice (GAN). X. PROPERTY All property furnished under this agreement shall become the property of the Sub - grantee. The Sub - grantee shall be responsible for the custody and care of any property furnished for use in connection with the performance of this agreement. The Grantee will not be held responsible for any equipment purchased by Sub - grantee. XI. COMMUNICATIONS To provide consistent and effective communication between the Sub - grantee and the Grantee, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. The Grantee contacts shall be Mr. H. Douglas Hoell, Jr., Director; David Skordinski, Homeland Security Senior Grant Manager and Patty Moyer, BZPP Grant Manager. All confidential information of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential and restricted in its use to only those uses contemplated by the terms of this Agreement. Any information which is to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose to third parties, the other party's confidential information without written authorization to do so from the other party. Specifically excluded from such confidential treatment shall be information which: (i) as of the date of disclosure and/or delivery, is already known to the party receiving such information; (ii) is or becomes part of the public domain, through no fault of the receiving party; (iii) is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in confidence; or (iv) is independently developed at the receiving party by someone not privy to the confidential information. Page 4 of 10