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(iv} is independently developed at the receiving patty by someone not privy to the confidential <br />infozmation. <br />XII. SUBCONTRACTING AND SUBGRANTING <br />lf'the AGENCY subcontracts or subgrants any or all purchases required undez• this Agreement, <br />AGENCY agrees to include in the subcontract ar subgr•ant that the subcontractor/subgrantee is <br />bound by the terms and conditions of'this MOA.. AGENCY agrees to include in the <br />subcontr~act/subgr•ant that the subcontr•actor7subgz•antee shall hold the Department of'Czime <br />Control and Public Safety, Division of'Emergency Management hazmless against all claims of <br />whatever natuze azising out of the subcontractoz's perfozmance of'work under this MOA, to the <br />extent allowed and r•equized by law.. If'AGENCY subcontracts/subgrants, acopy of'the executed <br />subcontzact/subgrant agreement must be fozwazded to the Division of Emergency Management <br />and approval granted pzior to the execution of'said subcontr~actlsubgrant.. Contzactual <br />arrangement shall in no way relieve AGENCY of its responsibilities to ensure that all funds <br />issued pursuant to this grant be administered in accordance with all state and federal <br />requirements.. AGENCY is bound by the terms, conditions and restzictions of'the applicable <br />USDHS, SLGCP, ODP, Homeland Security and Office of'Domestic Prepazedness Pr•ogzam <br />Guidelines and Application Kits referenced herein. <br />XIII. COMPLIANCE WITH THE LAW <br />AGENCY shall be wholly responsible for• the purchases to be made under this MOA and foz the <br />supervision of its employees and assistants. AGENCY shall be responsible for compliance with <br />all laws, ordinances, codes, rules, regulations, licensing r~equir•ements and other regulatory <br />matters that az•e applicable to the conduct of'its business and purchase requiz~ements performed <br />under this MOA, including those of federal requirements and ,State, and local agencies having <br />appropriate jurisdiction and found in applicable USDHS, SLGCP, ODP Prngr•am Guidelines and <br />Application Kits.. <br />XIV. WARRANTY <br />AGENCY shall hold the Depaztment of Crime Contz•ol and Public Safety, Division of <br />Emergency Management hazmless for• any liability and personal injury that may occur from or in <br />connection with the peifozmance of'this MOA to the extent permitted by the Nozth Cazolina Tort <br />Claims Act.. <br />XV. ANTITRUST LAWS <br />This Agz•eement is entered into in compliance with all State and Federal antitrust laws. <br />XVI. TERMINATION <br />The termination date is MaY•ch 31, 2007. This MOA maybe tezrnmated upon submission of'a <br />30-day advance written notice of'tezmination.. <br />Page 5 of''1 <br />