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filed in State Court in Wake County, North Carolina. If any provision <br />hereof is in conflict with any applicable statute or rule, or is otherwise <br />unenforceable, then such provision shall be deemed null and void to the <br />extent of such conflict, and shall be deemed severable, but shall not <br />invalidate any other provision of this Agreement. <br />(c) No waiver by the AGENCY/GRANTEE of any right or remedy granted <br />hereunder or failure to insist on strict performance by the <br />RECIPIENT/SUBGRANTEE shall affect or extend or act as a waiver of <br />any other right or remedy of the AGENCY/GRANTEE hereunder, or <br />affect the subsequent exercise of the same right or remedy by the <br />AGENCY/GRANTEE for any further or subsequent default by the <br />RECIPIENT/SUBGRANTEE. Any power of approval or disapproval <br />granted to the AGENCY/GRANTEE under the terms of this Agreement <br />shall survive the terms and life of this agreement as a whole. <br />(14) AUDIT REOUIREMENTS <br />(a) If applicable, RECIPIENT/SUBGRANTEE shall conduct audit(s) <br />pursuant to the Single Audit Act of 1984, 31 U.S.C. §7501 et. se~c ., 44 <br />C.F.R. Part 14, OMB Circular A-133, "Audits of States, Local <br />Governments, and Non-profit Organizations," and applicable North <br />Carolina laws, rules and regulations. The RECIPIENT/SUBGRANTEE <br />agrees to maintain financial procedures and support documents, in <br />accordance with generally accepted accounting principles, to account for <br />the receipt and expenditure of funds under this Agreement. <br />(b) These records shall be available at all reasonable times for inspection, <br />review, or audit by the N.C. State Auditor and other personnel duly <br />authorized by the AGENCY/GRANTEE. "Reasonable" shall be construed <br />according to circumstances, but ordinarily shall mean normal business <br />hours of 8:OOa.m. to 5:00 p.m., Eastern Standard Time, Monday through <br />Friday. <br />(c) The RECIPIENT/SUBGRANTEE shall also provide the AGENCY/ <br />GRANTEE with the records, reports or financial statements upon request <br />for the purposes of auditing and monitoring the funds awarded under this <br />Agreement. • <br />Hurricane Floyd Property Acquisition & Relocation Agreement Page ll HFPAR-4292-0067 Orange County <br />