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civil insurrection, earthquake, hurricane,tornado, or other
<br /> catastrophic natural event or act of God. Executive,Qrder 24 also encouraged and invited other
<br /> State Agencies,. implement the requirements and
<br /> Survival of Promises: All promises,requirements,terms, prohibitions of�the�Executive or( es'.
<br /> agencies
<br /> conditions, provisions, representations, guarantees, and Vendors and-cdhtractors should contact ottaer.State
<br /> warranties contained herein shall survive the contract Agencres to determine i thoseagencies.have adopted
<br /> expiration or termination date unless specifically provided Executive:Order 24:"
<br /> otherwise herein, or unless superseded by applicable
<br /> Federal or State statutes of limitation.
<br /> Intellectual Property Rights Confidentiality
<br /> Copyrights and Ownership of Deliverables: All Confidentiality: Any information, data, instruments,
<br /> deliverable items produced pursuant to this contract are documents, studies or reports given to or prepared or
<br /> the exclusive property of the Division. The Contractor shall assembled by the Contractor under this agreement shall
<br /> not assert a claim of copyright or other property interest in be kept as confidential and not divulged or made available
<br /> such deliverables. to any individual or organization without the prior written
<br /> approval of the Division.The Contractor acknowledges that
<br /> Compliance with Applicable Laws in receiving, storing, processing or otherwise dealing with
<br /> any confidential information it will safeguard and not further
<br /> Compliance with Laws: The Contractor shall comply with disclose the information except as otherwise provided in
<br /> all laws, ordinances, codes, rules, regulations, and this contract.
<br /> licensing requirements that are applicable to the conduct of Oversight
<br /> its business, including those of federal, state, and local
<br /> agencies having jurisdiction and/or authority. Access to Persons and Records:The State Auditor shall
<br /> have access to persons and records as a result of all
<br /> Equal Employment Opportunity: The Contractor shall contracts or grants entered into by State agencies or
<br /> comply with all federal and State laws relating to equal political subdivisions in accordance with General Statute
<br /> employment opportunity. 147-64.7. Additionally, as the State funding authority, the
<br /> Department of Health and Human Services shall have
<br /> Health Insurance Portability and Accountability Act access to persons and records as a result of all contracts
<br /> (HIPAA): The Contractor agrees that, if the Division or grants entered into by State agencies or political
<br /> determines that some or all of the activities within the subdivisions.
<br /> scope of this contract are subject to the Health
<br /> Insurance Portability and Accountability Act of 1996, P.L. Record Retention: Records shall not be destroyed,
<br /> 104-91, as amended ("HI PAN"), or its implementing purged or disposed of without the express written consent
<br /> regulations, it will comply with the HIPAA requirements of the Division. State basic records retention policy
<br /> and will execute such agreements and practices as the requires all grant records to be retained for a minimum of
<br /> Division may require to ensure compliance. five years or until all audit exceptions have been resolved,
<br /> whichever is longer. If the contract is subject to Federal
<br /> Executive;Order#24: "By Executive Order 24, issued policy and regulations,record retention may be longer than
<br /> by Governor Perdue;and N.C:G.S.§J 33=32,`ifls five years since records must be retained for a period of
<br /> unlawful for any vendor or contractor( .e. architect; three years following submission of the final Federal
<br /> bidder, contractor; construction.manager, design. Financial Status Report, if applicable, or three years
<br /> professional, engineer, landlord; offero.t, seller; following the submission of a revised final Federal
<br /> subcontractor;suppflen or vendor, to i ake gifts or to Financial Status Report. Also, if any litigation, claim,
<br /> give favors to any St, e employee f the Goarerrior's negotiation, audit, disallowance action, or other action
<br /> Cabinet Agencies(i.e., Adrriinistratian,'Comm�erce, involving this Contract has been started before expiration
<br /> Correction'. Crime`Control and Public Safety, Cultural of the five-year retention period described above, the
<br /> Resources, Environment;and,Natural Resources, Health records must be retained until completion of the action and
<br /> and Human Services, Juvenile Justice'and Delinquency resolution of all issues which arise from it, or until the end
<br /> Prevention, Revenue, Transportation, and the Office of of the regular five-year period described above,whichever
<br /> the_Governor).. This'prQtibitionooversahose vendors is later.
<br /> and contractors-rho have a;contract with a
<br /> governmental agency ar h ve performed°under such a
<br /> ca ntractwith1nthe past year; or anticipate°bidding on
<br /> such a contract in the future;
<br /> For'additional information regarding the specific
<br /> requirements and exemptions, vendors and contractors
<br /> are encouraged to-review Executive.Order.24'an, G S
<br /> See 1.33-32.
<br /> NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 10/22/09) Page 2 of 3
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