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