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Contract#68-2001 <br /> lolcomb and Cabe.L.L.P. <br /> this contract is dependent and contingent upon and subject Health Insurance Portability and Accountability Act <br /> to the appropriation, allocation, and availability of funds (HIPAA): The Contractor agrees that, if the County <br /> for this purpose to the County. determines that some or all of the activities within the <br /> scope of this contract are subject to the Health Insurance <br /> Force Majeure: Neither party shall be deemed to be in Portability and Accountability Act of 1996, P.I,. 104-91. <br /> default of its obligations hereunder if and so long as it is as amended('HIPAA"),or its implementing regulations. <br /> prevented from performing such obligations by any act of it will comply with the HIPAA requirements and will <br /> war,hostile foreign action,nuclear explosion,riot,strikes, execute such agreements and practices as the County <br /> civil insurrection,earthquake,hurricane,tornado.or other may require to ensure compliance. <br /> catastrophic natural event or act ot'God. <br /> Trafficking Victims Protection Act of 2000 <br /> Survival of Promises: All promises,requirements,terms, The Contractor will comply with the requirements of <br /> conditions, provisions, representations, guarantees, and Section 106(g)of the Trafficking Victims Protection Act <br /> warranties contained herein shall survive the contract of 2000,as amended(22 U.S.C. 7104) <br /> expiration or termination date unless specifically provided <br /> otherwise herein, or unless superseded by applicable Confidentiality <br /> Federal or State statutes of limitation. <br /> Confidentiality: Any information, data, instruments. <br /> Intellectual Property Rights documents. studies or reports given to or prepared or <br /> assembled by the Contractor under this agreement shall be <br /> Copyrights and Ownership of Deliverables: All kept as confidential and not divulged or made available to <br /> deliverable items produced pursuant to this contract are the any individual or organization without the prior written <br /> exclusive property of the County. The Contractor shall not approval of the County.The Contractor acknowledges that <br /> assert a claim of copyright or other property interest in in receiving,storing,processing or otherwise dealing with <br /> such deliverables. any confidential information it will safeguard and not <br /> further disclose the information except as otherwise <br /> Federal Intellectual Property Bankruptcy Protection provided in this contract. <br /> Act:The Parties agree that the County shall be entitled to <br /> all rights and benefits of the Federal Intellectual Property Oversight <br /> Bankruptcy Protection Act,Public Law 100-506,codified <br /> at I 1 U.S.C.365 (n)and any amendments thereto. Access to Persons and Records:"The State Auditor shall <br /> have access to persons and records as a result of all <br /> Compliance with Applicable Laws contracts or grants entered into by State agencies or <br /> political subdivisions in accordance with General Statute <br /> Compliance with Laws: The Contractor shall comply 147-64.7. Additionally,as the State funding authority,the <br /> with all laws, ordinances, codes, rules, regulations. and Department of health and Human Services shall have <br /> licensing requirements that are applicable to the conduct of access to persons and records as a result of al l contracts or <br /> its business, including those of federal, state, and local grants entered into by State agencies or political <br /> agencies having jurisdiction and/or authority. subdivisions. <br /> Title VI,Civil Rights Compliance: In accordance with Record Retention: Records shall not be destroyed. <br /> Federal law and U.S. Department of Agriculture(USDA) purged or disposed of without the express written consent <br /> and U.S. Department of Health and Human Services of the County. The North Carolina State basic records <br /> (HHS) policy, this institution is prohibited from retention policy requires all grant records to be retained for <br /> discriminating on the basis of race,color,national origin, a minimum of five years or until all audit exceptions have <br /> sex, age or disability. Under the Food Stamp Act and been resolved, whichever is longer. if the contract is <br /> USDA policy, discrimination is prohibited also on the subject to federal policy and regulations,record retention <br /> basis of religion or political beliefs. may be longer than five years since records must be <br /> retained for a period of three years following submission of <br /> Equal Employment Opportunity: The Contractor shall the Final Federal Financial Status Report,if applicable.or <br /> comply with all federal and State laws relating to equal three years following the submission of a revised final <br /> employment opportunity. Federal Financial Status Report. Also, if any litigation. <br /> claim, negotiation, audit, disallowance action, or other <br /> action involving this Contract has been started before <br /> General Terms and Conditions-3-28-2013 Page 3 of> <br />