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Termination for Cause: U[ through any cause, the Intellectual Property Rights |
<br /> Grantee shall fail to fulfill its obligations under this
<br /> Contract in a timely and proper manner, the Agency Copyrights and Ownership of Qe|h/erob|am: All
<br /> shall have the right to terminate this Contract by deliverable items produced pursuant to this Contract
<br /> giving written notice to the Grantee and specifying are the exclusive property of the Agency. The
<br /> the effective date thereof. Grantee shall not assert a claim of copyright or other
<br /> property interest in such deliverables.
<br /> In that event, all finished or unfinished deliverable
<br /> items prepared by the Grantee under this Contract Compliance with Applicable Laws
<br /> shall, at the option of the Agency, become its
<br /> property and the Grantee shall be entitled to receive Compliance with Laws: The Grantee shall comply
<br /> just and equitable compensation for any satisfactory with all laws, ordinances, codes, rules, regulations,
<br /> work completed on such materials, minus any and licensing requirements that are applicable to the
<br /> payment or compensation previously made. conduct of its business, including those of federal,
<br /> State, and local agencies having jurisdiction and/or
<br /> Notwithstanding the foregoing provision, the Grantee authority.
<br /> shall not be relieved of liability to the Agency for
<br /> damages sustained by the Agency by virtue of the Equal Employment Opportunity: The Grantee
<br /> Grantee's breach of this agreement, and the Agency shall take affirmative action in complying with all
<br /> may withhold any payment due the Grantee for the federal and State statutes and all applicable
<br /> purpose of setoff until such time as the exact amount requirements concerning fair employment of people
<br /> of damages due the Agency from such breach can be with disabilities, and concerning the treatment of all
<br /> determined. The filing of a petition for bankruptcy by employees without regard to discrimination by reason
<br /> the Grantee shall be an act of default under this of race, color, religion, sex, national origin or
<br /> Contract. disability. For additional information see Title VI of the
<br /> Civil Rights Act of 1964 (42 U.S.C., 2000d, 20OOe-
<br /> Waiver of Default: Waiver by the Agency of any 16), Title XI of the Education amendments of 1972,
<br /> default or breach in compliance with the terms of this as amended (20 U.S.C. 168171683 and 1685-1686),
<br /> Contract by the Grantee shall not be deemed a and section 504 of the Rehabilitation Act of 1973 as
<br /> waiver of any subsequent default or breach and shall amended (29 U.S.C. 794)
<br /> not be construed to be modification of the terms of
<br /> this Contract unless stated to be such in writing, Executive Order 24: In accordance with Executive
<br /> signed by an authorized representative of the Agency Order 24, issued by Governor Perdue, and N.C.G.S.5
<br /> and the Grantee and attached to the Contract. 133-32, a vendor or contractor (i.e. architect, bidder,
<br /> Availability of Funds: The parties to this Contract contractor, construction manager, design
<br /> professional, engineer, landlord, offeror, seller,
<br /> agree and understand that the payment of the sums subcontractor, supplier, vendor, or grantee), is
<br /> specified in this Contract is dependent and contingent prohibited from making gifts or giving favors to any
<br /> upon and subject to the appropriation, allocation, and employee of the Agency of Agriculture and Consumer
<br /> availability of funds for this purpose to the Agency. Services. This prohibition covers those vendors,
<br /> contractors, and/or grantees who.-
<br /> Force Majeure: Neither party shall be deemed to be
<br /> in default of its obligations hereunder if and so long (a) have a Contract with a governmental
<br /> as it is prevented from performing such obligations by Agency; or
<br /> any act of war, hostile foreign action, nuclear (b) have perfon-ned under such a Contract within
<br /> explosion, riot, strikes, civil insurrection, earthquake, the past year;or
<br /> hurricane, tornado, or other catastrophic natural (c) anticipate bidding on such a Contract in the
<br /> event or act of God. future.
<br /> Survival of Promises: All promises, requirements, For additional information regarding the specific
<br /> terms, conditions, provisions, representations, requirements and exemptions, vendors, contractors,
<br /> guarantees, and warranties contained herein shall and/or grantees are encouraged to review Executive
<br /> survive the Contract expiration or termination date Order 24 and N.C.G.S. 5 133-32.
<br /> unless specifically provided otherwise herein, or
<br /> unless superseded by applicable federal or State Confidentiality
<br /> statutes of limitation.
<br /> Confidentiality: Any information, data, instruments,
<br /> documents, studies or reports given to or prepared or
<br /> assembled by the Grantee under this agreement
<br /> shall be kept as confidential and not divulged or
<br /> NCDA&CS-General Terms and Conditions-Public-Local Governmental Entities
<br />
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