2011-408 DSS - NC Dept. of Health and Human Services Contract

Browse Search

Miscellaneous Time of the Essence: Time is of the essence in the Choice of Law: The validity of this contract and any of its performance of this contract. terms or provisions, as well as the rights and duties of the parties to this contract, are governed by the laws of North Key Personnel: The Contractor shall not replace any of Carolina.The Contractor, by signing this contract, agrees the key personnel assigned to the performance of this and submits,solely for matters concerning this Contract,to contract without the prior written approval of the Division. the exclusive jurisdiction of the courts of North Carolina The term "key personnel' includes any and all persons and agrees, solely for such purpose, that the exclusive identified as such in the contract documents and any other venue for any legal proceedings shall be Wake County, persons subsequently identified as key personnel by the North Carolina. The place of this contract and all written agreement of the parties. transactions and agreements relating to it, and their sites and forum, shall be Wake County, North Carolina, where Care of Property: The Contractor agrees that it shall be all matters,whether sounding in contract or tort,relating to responsible for the proper custody and care of any the validity, construction, interpretation, and enforcement property furnished to it for use in connection with the shall be determined. performance of this contract and will reimburse the Division for loss of,or damage to,such property.At the termination Amendment: This contract may not be amended orally or of this contract,the Contractor shall contact the Division for by performance. Any amendment must be made in written instructions as to the disposition of such property and shall form and executed by duly authorized representatives of comply with these instructions. the Division and the Contractor. The Purchase and Contract Divisions of the NC Department of Administration Travel Expenses: Reimbursement to the Contractor for and the NC Department of Health and Human Services travel mileage, meals, lodging and other travel expenses shall give prior approval to any amendment to a contract incurred in the performance of this contract shall not awarded through those offices. exceed the rates published in the applicable State rules or approved local government travel policy. International travel shall not be reimbursed under this contract. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Sales/Use Tax Refunds: If eligible,the Contractor and all contract violates any applicable law, each such provision subcontractors shall: (a) ask the North Carolina or requirement shall continue to be enforced to the extent it Department of Revenue for a refund of all sales and use is not in violation of law or is not otherwise unenforceable taxes paid by them in the performance of this contract, and all other provisions and requirements of this contract pursuant to G.S. 105-164.14; and (b) exclude all shall remain in full force and effect. refundable sales and use taxes from all reportable expenditures before the expenses are entered in their Headings: The Section and Paragraph headings in these reimbursement reports. General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Advertising: The Contractor shall not use the award of this contract as a part of any news release or commercial advertising. NCDHHS TC1010 (General Terms and-Conditions) (Local Government) (Rev. 10/22/09) Page 3 of 3