Agenda - 09-05-2013 - 5r - Laserfiche WebLink

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individual assistance grants. The DSS will ensure that there is no duplication of benefit for storm. survivors. Within thirty (30) days of completion of the grant, DSS shall provide DEM with (a) a final report on the individual assistance grant to the storm survivors, (b) an account of the disposition or expenditure of all grant funds, (c) return to the DEM any funds, that have been determined to be a duplication of benefit, and (d) such other documentation or closeout materials or actions as DEM may require. 5. Warranty. DSS shall hold DEM and the North Carolina Department of Public Safety harmless for any liability and personal injury that may occur from or in connection with the performance of this MOU to the extent permitted by the North Carolina Tort Claims Act. DEM shall hold harmless and indemnify DSS and Orange County for and against any liability and personal injury that may occur from or in connection with the performance of this MOU to the extent permitted by North Carolina Law. This MOU does not waive the sovereign immunity of DEM or Orange County with respect to any claim. 6. Situs. This MOU shall be governed by the laws of North Carolina, and venue for any disputed matters or claims shall be in the Superior Court of Wake County, North Carolina. 7. Third Partie . Nothing in this MOU, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this MOU, This MOU does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This MOU is intended for the sole and exclusive benefit of the parties hereto. This MOU is not made for the benefit of any third person or persons. No third party may enforce any part of this MOU or shall have any rights hereunder. This MOU does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this MOU', S. Communications. In order to provide consistent and effective communication between DSS and DEM, each party shall appoint a Principal Representative to serve as its central point of contact responsible for coordinating and implementing this MOU. The DEM contacts shall be the DEM Director, DEM Assistant Director for Recovery and the DEM Individual Assistance Officer, DSS contact shall be Nancy Coston, Director and Joyce Lee, Business Officer 9. Q�thcr P rvisions/Seyei Nothing in this MO�U is intended to conflict with current laws or regulations of the DEM of North Carolina, Department of Public Safety or DSS. If any term of this MOU is found by any court or other legal authority, or is agreed by the parties to be in conflict with any law or regulation governing its subject, the conflicting term shall be considered null and void. The remaining terms and conditions of this MOU shall remain in full force and effect. 10. Entire Agreement. This MOU and any appendices, exhibits and amendments annexed hereto and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral and written DEM statements or agreements. REMAINDER OF PAGEANTE NTIONALLY LEFT BLANK [signatures on following pages]