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<br /> � Contract Number DO[28582/Page 7of19
<br /> strikes, civil insurrection, earthquake, hurricane, tomado, Oversight
<br /> or other catastrophic natural event or act ofGod.
<br /> Access to Pmnawmm and Records: The State Auditor
<br /> Survival of Promises: All pnomiseo, naquinaments, shall have aouama to persons and records as o result of
<br /> bannw, conditiona, pnovisiono, nepnaaenbationo, all contracts or grants entered into by Gbsby agencies or
<br /> guonantaey, and warranties contained herein ahoU political subdivisions in accordance with General Statute
<br /> survive the contract expiration or termination date unless 147-64.7. Additiona|hy, as the State funding authority,
<br /> specifically provided otherwise henain, or unless the Department of Health and Human Services aho||
<br /> superseded by applicable Federal or State statutes of have eoceme to persons and records as o result of all
<br /> {imitation. contracts or grants entered into by State agencies or
<br /> political subdivisions.
<br /> Intellectual Property Rights '
<br /> Record Retention: Records shall not be deotroyed.
<br /> Copyrights and Ownership of Deliverables: All purged or disposed of without the axpxaom written
<br /> deliverable items produced pursuant to this contract are consent of the Division. State bonk: naoonJo retention
<br /> the exclusive property of the Division. The Contractor policy requires all grant records to be retained for o
<br /> shall not assert a claim of copyright or other property minimum of five years or until all audit exceptions have
<br /> interest in such deliverables. been reoo|ved, whichever is longer. If the contract is
<br /> subject to Federal policy and regulations, nsnpmd
<br /> Compliance with Applicable Laws retention may be longer than five years since records
<br /> must be retained for a period of three years following
<br /> Compliance with Lmmvm: The Contractor shall comply submission of the final Federal Financial Status Report,
<br /> with all |ame, ordinancao, codes, ru|es, nagu|etions, and if applicable, or three years following the submission ofa
<br /> licensing requirements that are applicable bo the conduct revised final Federal Financial Status Report. A|so, if
<br /> of its businesa, including those of federal, stote, and any |Uigotion, o|airn, negotiatiun, audit, diaa|kmvonoe
<br /> local agencies having jurisdiction and/or authority. action, or other action involving this Contract has been
<br /> started before expiration mf the| rnsbertionpehod
<br /> Equal Employment Opportunity: The Contractor shall described obovo, the records must be retained until
<br /> comply with all federal and State laws relating to equal completion of the action and resolution of all issues
<br /> employment opportunity. which ohoe from it, or until the end of the regular five-
<br /> year period daonhhed oboma. whichever is later. The
<br /> Health Insurance Portability and Accountability Act record retention period for Temporary Assistance for
<br /> (HUPAA): The Contractor agrees that, if the Division Needy Families (TANF) and MEDICAID and Medical
<br /> determines that some or all of the activities within the Assistance grants and programs must be retained for a
<br /> scope of this contract are subject to the Health minimum of ten years.
<br /> Insurance Portability and Accountability Act of1B86. P.L _
<br /> 1Q4-S1. oa amended ("H|P/A ). or its implementing Miscellaneous
<br /> regu|etiono, it will comply with the H|PAA requirements
<br /> and will execute such agreements and practices aethe Choice mfLaw: The validity of this contract and any of
<br /> Division may require bo ensure compliance. its terms or provisions, as well os the rights and duties of
<br /> the parties to this contract, are governed by the \ewo of
<br /> Executive Order # 24: It is unlawful for any vendor. North Carolina. The Contractor, by signing this contract,
<br /> contractor, subcontractor or supplier of the state tomake agrees and submits, solely for matters concerning this
<br /> gifts or to give favors to any state employee. For Contract, to the exclusive jurisdiction of the courts of
<br /> additional information regarding the specific ,North Carolina and agrees, solely for such purpose, that
<br /> naquinamnanba and azamptiono, contractors are the exclusive venue for any legal proceedings shall be
<br /> encouraged to review Executive Order 24 and Q.S. Sec. Wake County, North Carolina. The place of this contract
<br /> 133-32. and all transactions and agreements relating to it. and
<br /> their situs and forurn, shall be Wake Connty, North
<br /> Confidentiality Cano|ine, where all mattemu, whether sounding in
<br /> contract or tort, na|eding to the validity, construction,
<br /> Confidentiality: Any infonnstion, dsda, inotmumento, inb*rppabation, and enforcement shall be determined.
<br /> documente, studies or reports given to or prepared or
<br /> assembled by the Contractor under this agreement shall Amendment: This contract may not be amended orally
<br /> be kept as confidential and not divulged or made orbyperformance. Any amendment must bm made in
<br /> available to any individual or organization without the written form and executed by duly authorized
<br /> prior written approval of the Division. The Contractor representatives of the Division and the Contractor. The
<br /> acknowledges that in receiving, storing, i r Punohaoeond'Contnact Divisions uf the NC Department
<br /> otherwise dealing with any confidential information it will of Administration,and the NC Department of Health and
<br /> safeguard and not further disclose the information Human Services shall give prior approval to any
<br /> except aa otherwise provided in this contract. amendment tmo contract awarded through those offices.
<br /> NCOHHSTC10i0 (General Terms and Conditions) (Local Government) (ReV 11.15.12)
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