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Miscellaneous <br />Choice of Law: The validity of this Contract and any of <br />its terms or provisions, as well as the rights and duties of <br />the parties to this Contract, are governed by the laws of <br />North Carolina. The Grantee, by signing this Contract, <br />agrees and submits, solely for matters concerning this <br />Contract, to the exclusive jurisdiction of the courts of <br />North Carolina and agrees, solely for such purpose, that <br />the exclusive venue for any legal proceedings shall be <br />Wake County, North Carolina. The place of this <br />Contract and all transactions and agreements relating to <br />it, and their situs and furm, shall be Wake County, North <br />Carolina, where all matters whether sounding in Contract <br />or tort, relating to the validity, construction, interpretation, <br />and enforcement shall be determined. <br />Headings: The Section and Paragraph headings in <br />these General Terms and Conditions are not material <br />parts of the agreement and should not be used to <br />construe the meaning thereof. <br />Time of the Essence: Time is of the essence in the <br />performance of this Contract. <br />Care of Property: The Grantee agrees that it shall be <br />responsible for the proper custody and care of any <br />property furnished to it for use in connection with the <br />performance of this Contract and will reimburse the <br />Agency for loss of, or damage to, such property. At the <br />termination of this Contract, the Grantee shall contact <br />the Agency for instructions as to the disposition of such <br />property and shall comply with these instructions. <br />Amendment: This Contract may not be amended orally <br />or by performance. Any amendment must be made in <br />written form and executed by duly authorized <br />representatives of the Agency and the Grantee. <br />$everability: In the event that a court of competent <br />jurisdiction holds that a provision or requirement of this <br />Contract violates any applicable law, each such <br />provision or requirement shall continue to be enforced to <br />the extent it is not in violation of law or is not otherwise <br />unenforceable and all other provisions and requirements <br />of this Contract shall remain in full force and effect. <br />Travel Expenses: Reimbursement to the Grantee for <br />travel mileage, meals, lodging and other travel expenses <br />incurred in the performance of this Contract shall be <br />reasonable and supported by documentation. State <br />rates shall be used. International travel shall not be <br />reimbursed under this Contract. <br />Sales/Use Tax Refunds: If eligible, the Grantee and all <br />subgrantees shall: (a) ask the North Carolina <br />Department of Revenue for a refund of all sales and use <br />taxes paid by them in the performance of this Contract, <br />pursuant to G.S. 105-164.14; and (b) exclude all <br />refundable sales and use taxes from all reportable <br />expenditures before the expenses are entered in their <br />reimbursement reports. <br />Advertising: The Grantee shall not use the award of <br />this Contract as a part of any news release or <br />commercial advertising. <br />NGO Form 000981 Grants General Terms and Conditions-Public Sector Entities <br />Eff. 9/2005 <br />Revised 7/2007; 7/2008; 4/2010 Page 9 of 5 <br />