|
Attachment A
<br /> DENR Contract 4119
<br /> Force Majeure: Neither party is in default of its obligations following completion of the contract or until any audits begun
<br /> hereunder if and it is prevented from performing such obligations during this period are completed and findings resolved,
<br /> by any act of war, hostile foreign action, nuclear explosion, riot, whichever is later.
<br /> strikes,civil insurrection,earthquake,hurricane,tomado,or other
<br /> catastrophic natural event or act of God. Record Retention: The Grantee may not destroy, purge or
<br /> dispose of records without the express written consent of the
<br /> Survival of Promises: All promises, requirements, terms, Agency. State basic records retention policy requires all grant
<br /> conditions, provisions, representations, guarantees, and records to be retained for a minimum of five years or until all
<br /> warranties contained herein shall survive the contract expiration audit exceptions have been resolved,whichever is longer. If the
<br /> or termination date unless specifically provided otherwise herein, contract is subject to Federal policy and regulations, record
<br /> or unless superseded by applicable federal or State statutes of retention may be longer than five years since records must be
<br /> limitation. retained for a period of three years following submission of the
<br /> final Federal Financial Status Report,if applicable,or three years
<br /> Intellectual Property Rights following the submission of a revised final Federal Financial
<br /> Status Report. Also, if any litigation, claim, negotiation, audit,
<br /> Copyrights and Ownership of Deliverables: Any and all disallowance action, or other action involving this Contract has
<br /> copyrights resulting from work under this agreement shall started before expiration of the five-year retention period
<br /> belong to the Grantee. The Grantee hereby grants to the described above,the records must be retained until completion of
<br /> North Carolina Department of Environment and Natural the action and resolution of all issues which arise from it,or until
<br /> Resources a royalty-free, non-exclusive, paid-up license to the end of the regular five-year period described above,
<br /> use, publish and distribute results of work under this whichever is later.
<br /> agreement for North Carolina State Government purposes
<br /> only. Time Records: The Grantee will maintain records of the time
<br /> and effort of each employee receiving compensation from this
<br /> Compliance with Applicable Laws contract,in accordance with the appropriate OMB circular.
<br /> Compliance with Laws: The Grantee understands and agrees Miscellaneous
<br /> that is subject to compliance with all laws, ordinances, codes,
<br /> rules, regulations,and licensing requirements that are applicable Choice of Law: The validity of this Contract and any of its terms
<br /> to the conduct of its business, including those of federal, state, or provisions,as well as the rights and duties of the parties to this
<br /> and local agencies having jurisdiction and/or authority. Contract, are governed by the laws of North Carolina. The
<br /> Grantee,by signing this Contract,agrees and submits,solely for
<br /> Equal Employment Opportunity: The Grantee understands matters concerning this Contract, to the exclusive jurisdiction of
<br /> and agrees that it is subject to compliance with all federal and the courts of North Carolina and agrees,solely for such purpose,
<br /> State laws relating to equal employment opportunity. that the exclusive venue for any legal proceedings shall be Wake
<br /> County, North Carolina. The place of this Contract and all
<br /> Confidentiality transactions and agreements relating to it, and their situs and
<br /> forum,shall be Wake County, North Carolina,where all matters,
<br /> Confidentiality: As authorized by law, the Grantee keeps whether sounding in contract or tort, relating to the validity,
<br /> confidential any information, data, instruments, documents, construction, interpretation, and enforcement shall be
<br /> studies or reports given to or prepared or assembled by the determined.
<br /> Grantee under this agreement and does not divulge or make
<br /> them available to any individual or organization without the prior Amendment: This Contract may not be amended orally or by
<br /> written approval of the Agency. The Grantee acknowledges that performance. Any amendment must be made in written form and
<br /> in receiving, storing, processing or otherwise dealing with any executed by duly authorized representatives of the Agency and
<br /> confidential information it will safeguard and not further disclose the Grantee.
<br /> the information except as otherwise provided in this Contract or
<br /> without the prior written approval of the Agency. Severability: In the event that a court of competent jurisdiction
<br /> holds that a provision or requirement of this Contract violates any
<br /> Oversight applicable law,each such provision or requirement shall continue
<br /> to be enforced to the extent it is not in violation of law or is not
<br /> Access to Persons and Records: The State Auditor and the otherwise unenforceable and all other provisions and
<br /> using agency's internal auditors shall have access to persons requirements of this Contract shall remain in full force and effect.
<br /> and records as a result of all contracts or grants entered into
<br /> by State agencies or political subdivisions in accordance with Headings: The Section and Paragraph headings in these
<br /> General Statute 147-64.7 and Session Law 2010-194,Section General Terms and Conditions are not material parts of the
<br /> 21 (i.e.,the State Auditors and internal auditors may audit the agreement and should not be used to construe the meaning
<br /> records of the contractor during the term of the contract to thereof.
<br /> verify accounts and data affecting fees or performance). The
<br /> Contractor shall retain all records for a period of three years
<br />
|