Agenda - 01-23-2014 - 6g - Laserfiche WebLink

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9 itract Number 00029953/ Page 8 of 33 record retention period for Temporary Assistance for parts of the agreement and should not be used to Needy Families (TANF) and MEDICAID and Medical construe the meaning thereof. Assistance grants and programs must be retained for a minimum of ten years. Time of the Essence: Time is of the essence in the performance of this contract. Miscellaneous Key Personnel: The Contractor shall not replace any of Choice of Law: The validity of this contract and any of the key personnel assigned to the performance of this its terms or provisions, as well as the rights and duties of contract without the prior written approval of the Division. the parties to this contract, are governed by the laws of The term "key personnel" includes any and all persons North Carolina. The Contractor, by signing this contract, identified as such in the contract documents and any agrees and submits, solely for matters concerning this other persons subsequently identified as key personnel Contract, to the exclusive jurisdiction of the courts of by the written agreement of the parties. North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Care of Property: The Contractor agrees that it shall be Wake County, North Carolina. The place of this contract responsible for the proper custody and care of any and all transactions and agreements relating to it, and property furnished to it for use in connection with the their situs and forum, shall be Wake County, North performance of this contract and will reimburse the Carolina, where all matters, whether sounding in Division for loss of, or damage to, such property. At the contract or tort, relating to the validity, construction, termination of this contract, the Contractor shall contact interpretation, and enforcement shall be determined. the Division for instructions as to the disposition of such property and shall comply with these instructions. Amendment: This contract may not be amended orally or by performance. Any amendment must be made in Travel Expenses: Reimbursement to the Contractor for written form and executed by duly authorized travel mileage, meals, lodging and other travel expenses representatives of the Division and the Contractor. The incurred in the performance of this contract shall not Purchase and Contract Divisions of the NC Department exceed the rates published in the applicable State rules of Administration and the NC Department of Health and or approved local government travel policy. International Human Services shall give prior approval to any travel shall not be reimbursed under this contract. amendment to a contract awarded through those offices. Sales/Use Tax Refunds: If eligible, the Contractor and Severability: In the event that a court of competent all subcontractors shall: (a) ask the North Carolina jurisdiction holds that a provision or requirement of this Department of Revenue for a refund of all sales and use contract violates any applicable law, each such provision taxes paid by them in the performance of this contract, or requirement shall continue to be enforced to the pursuant to G.S. 105-164.14; and (b) exclude all extent it is not in violation of law or is not otherwise refundable sales and use taxes from all reportable unenforceable and all other provisions and requirements expenditures before the expenses are entered in their of this contract shall remain in full force and effect. reimbursement reports. Headings: The Section and Paragraph headings in Advertising: The Contractor shall not use the award of these General Terms and Conditions are not material this contract as a part of any news release or commercial advertising. NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 10.15.13)