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CONTRACT NO. H200049 <br /> 16. Any information, data, instruments, documents studies or reports given to <br /> or prepared or assembled by the CONTRACTOR under this agreement may be published by <br /> the CONTRACTOR or its employees, or distributed by the CONTRACTOR to any other <br /> individual or organization. Prior to entering into an agreement to publish, or prior to publishing, <br /> the CONTRACTOR or its employees shall give the DEPARTMENT a reasonable opportunity to <br /> review any such proposed publication solely for the purpose of determining if the <br /> DEPARTMENT wishes to be given credit for its funding role in the preparation of any such <br /> information, data, instruments, documents, studies, or reports. If the DEPARTMENT <br /> determines that it wishes to be given credit, then CONTRACTOR shall take all necessary steps <br /> to assure that credit is given by the publisher. Otherwise, the CONTRACTOR may proceed to <br /> enter into any agreement to publish, or may publish, but shall not acknowledge any participation <br /> by the DEPARTMENT. <br /> 17. The CONTRACTOR shall ensure that all publications produced as a <br /> result of this contract are printed double-sided on recycled paper. <br /> 18. The filing of a petition in bankruptcy or insolvency by or against the <br /> CONTRACTOR shall terminate this agreement. <br /> 19. The CONTRACTOR shall not assign or transfer any interest in this <br /> agreement. <br /> 20. No reports, maps or other documents produced in whole or in part under <br /> this agreement shall be the subject of an application for copyright by or on behalf of the <br /> CONTRACTOR. <br /> 21. It is agreed between the parties hereto that the place of this contract, its <br /> situs and forum, shall be Wake County, North Carolina, and in said County and State shall all <br /> matters, whether sounding in contract or tort relating to the validity, construction, interpretation <br /> and enforcement of this agreement, be determined. <br /> 22. The CONTRACTOR agrees that the State may have the right to audit the <br /> records of the CONTRACTOR pertaining to this contract both during performance and for 36 <br /> months after completion or termination. The CONTRACTOR must retain all records relating to <br /> this contract and allow employees or agents of the DEPARTMENT to inspect such records <br /> during the period of time set out herein. <br /> 23. The CONTRACTOR agrees that he shall be responsible for the proper <br /> custody and care of any State owned property furnished him for use in connection with the <br /> performance of his contract and will reimburse the State for its loss or damage. <br /> 24. The CONTRACTOR certifies that he is in compliance with "Attachment I" <br /> Assurances-Non Construction Programs. <br /> 25. Scott Mouw is designated as the Contract Administrator(project <br /> coordinator) for the State. However, any changes in the scope of the contract which will <br /> increase or decrease the CONTRACTOR'S compensation shall not be effective until they have <br /> been approved by the DEPARTMENT Head or Authorized Agent. <br /> 4of5 <br />