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8 <br />subsequent default or breach and shall not be construed to <br />be modification of the terms of this contract unless stated <br />to be such in writing, signed by an authorized <br />representative of the County and the Contractor and <br />attached to the contract. <br />Availability of Funds: The parties to this contract agree <br />and understand that the payment of the, sums specified in <br />this contract is dependent and contingent upon and subject <br />to the appropriation, allocation, and availability of funds <br />for this purpose to the County. <br />Force Majeure: Neither party shall be deemed to be in <br />default of its obligations hereunder if and so long as it is <br />prevented from performing such obligations by any act of <br />waz, hostile foreign action, nucleaz explosion, riot, strikes, <br />civil insurrection, earthquake, hurricane, tornado, or other <br />catastrophic natural event or act of God <br />Survival of Promises: All promises, requirements, terms, <br />conditions, provisions, representations, guarantees, and <br />warranties contained herein shall survive the contract <br />expiration or termination date unless specifically provided <br />otherwise herein, or unless superseded by applicable <br />Federal or State statutes of limitation. <br />Intellectual Property Rights <br />Copyrights and Ownership of Deliverables: All <br />deliverable items produced pursuant to this contract are the <br />exclusive property of the County. The Contractor shall not <br />assert a claim of copyright or other property interest in <br />such deliverables. <br />Federal Intellectual Property Bankruptcy Protection <br />Act: The Parties agree that the County shall be entitled to <br />all rights and benefits of the Federal Intellectual Property <br />Bankruptcy Protection Act, Public Law 100-506, codified <br />at 11 U.S.C. 365 (n) and any amendments thereto. <br />Compliance with Applicable Laws <br />Compliance with Laws: The Contractor shall comply <br />with all laws, ordinances, codes, rules, regulations, and <br />licensing requirements that are applicable to the conduct of <br />its business, including those of federal, state, and local <br />agencies having jurisdiction and(or authority. <br />Title VI, Civil Rights Compliance: In accordance with <br />Federal law and U.S. Department of Agriculture (USDA) <br />and U.S. Department of Health and Human Services <br />(HHS) policy, this institution is prohibited from <br />discriminating on the basis of race, color, national origin, <br />sex, age or disability. Under the Food Stamp Act and <br />Contract #68-2001 <br />Northen Blue, L.L.P. <br />USDA policy, discrimination is prohibited also on the <br />basis of religion or political beliefs. <br />Equal Employment Opportunity: The Contractor shall <br />comply with all federal and State laws relating to equal <br />employment opportunity. <br />Health Insurance Portability and Accountability Act <br />(HIPAA): The Contractor agrees that, if the County <br />determines that some or all of the activities within the <br />scope of this contract are subject to the Health Insurance <br />Portability and Accountability Act of 1996, P.L. 104-91, <br />as amended ("IAA"), or its implementing regulations, <br />it will comply with the HIPAA requirements and will <br />execute such agreements and practices as the County <br />may require to .ensure compliance. <br />Confidentiality <br />Confidentiality: Any information, data, instruments, <br />documents, studies or reports given to or prepared or <br />assembled by the Contractor under this agreement shall be <br />kept as confidential and not divulged or made available to <br />any individual or organization without the prior written <br />approval of the County. The Contractor acknowledges that <br />in receiving, storing, processing or otherwise dealing with <br />any confidential information it will safeguard and not <br />further disclose the information except as otherwise <br />provided in this contract. <br />Oversight <br />Access to Persons and Records: The State Auditor shall <br />have access to persons and records as a result of all <br />contracts or grants entered into by State agencies or <br />political subdivisions in accordance with General Statute <br />147-64.7. Additionally, as the State funding authority, the <br />Department of Health and Human Services shall have <br />access to persons and records as a result of all contracts or <br />grants entered into by State agencies or political <br />subdivisions. <br />Record Retention: Records shall not be destroyed, purged <br />or disposed of without the express written consent of the <br />County. The Department of Health and Human Services' <br />basic records retention policy requires all records to be <br />retained for a minimum of three years following <br />completion or termination of the contract. ff the contract is <br />subject to Federal policy and regulations, record retention <br />will normally be longer than three years since records must <br />be retained for a period of three years following <br />submission of the final Federal Financial Status Report, if <br />applicable, or three years following the submission of a <br />revised final Federal Financial Status Report. Also, if any <br />General Terms and Conditions - (07/10) Page 3 of 5 <br />