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31 <br />E. In the event that FH expends any funds pursuant to this contract for the <br />provision of services to the intermediate offender population, and such funds <br />are subsequently determined by the North Carolina Department of Corrections <br />Criminal Justice Partnership Program to be non-reimbursable, such costs <br />shall be considered non-reimbursable by the County. <br />F. FH agrees that all payments made by the County on behalf of a member of the <br />intermediate offender population who is receiving services from FH, or a third <br />party provider under contract to FH, shall be credited towards the account of <br />that offender. FH further agrees that if a member of the intermediate offender <br />population is eligible for benefits from any private health benefits plan or <br />other government-sponsored health benefits plan, then FH shall only invoice <br />the County for that portion of the cost of services not reimbursed by such <br />other health benefits plan. <br />XIV. FH agrees to submit program activity information on a monthly basis to the <br />Partnership and the Division of Community Correction. <br />XV. FH and the County understand that this contract in no way assures or implies <br />continuation of funding or the provision of services beyond the term of this <br />contract. <br />XVI. FH is not an employee or agent of the County for any purpose including but not <br />limited to compensation for services, employee welfare and pension benefits, <br />worker's compensation insurance, or any other fringe benefits of employment. <br />XVII. This contract contains the entire understanding of the parties and shall not be <br />altered,. amended or modified except by an contract in writing executed by the <br />duly authorized officials of both parties. <br />XVIII. The laws of the State of North Carolina govern the validity and interpretation of <br />the provisions, terms and conditions of the contract. <br />XIX. It is agreed that either party's failure to insist upon the strict performance of any <br />provision of this contract or to exercise any right based upon a breach thereof, or <br />the acceptance of any performance during the breach, shall not constitute a waiver <br />of any rights assigned to that party under this contract. <br />IN WITNESS WHEREOF, Orange County has caused this contract to be signed in its <br />name by its Board of County Commissioners Chairperson, attested by the Clerk to the <br />Board of Commissioners, and sealed with its corporate seal, and Freedom House <br />Recovery Center has caused this contract to be signed in its name by its Director and all <br />authority duly given, this the day of 2004. <br />ORANGE COUNTY Freedom House Recovery Center <br />