2014-211 Aging - Triangle J Council of Governments Area Agency on Aging (TJAAA) for Medicare Improvements for Patients and Providers Act (MIPPA) $3,500

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equipment, hardware, firmware, middleware, custom or Time of the Essence: Time is of the essence in the commercial software,or internal components,subroutines, performance of this contract. and interfaces therein) that perform any date and/or time data recognition function, calculation, or sequencing will Key Personnel: The Contractor shall not replace any of support a four digit year format and will provide accurate the key personnel assigned to the performance of this date/time data and leap year calculations. This warranty contract without the prior written notification of the shall survive the termination or expiration of this contract. Contractor. The term"key personnel'includes any and all persons identified by as such in the contract documents Certification Regarding Collection of Taxes: G.S. 143- and any other persons subsequently identified as key 59.1 bars the Secretary of Administration from entering into personnel by the written agreement of the parties. contracts with vendors that meet one of the conditions of G.S. 105-164.8(b) and yet refuse to collect use taxes on Care of Property: The Subcontractor agrees that it shall sales of tangible personal property to purchasers in North be responsible for the proper custody and care of any Carolina. The conditions include: (a) maintenance of a property furnished to it for use in connection with the retail establishment or office; (b) presence of performance of this contract and will reimburse the representatives in the State that solicit sales or transact Contractor for loss of, or damage to, such property.At the business on behalf of the vendor; and (c) systematic termination of this contract, the Subcontractor shall contact exploitation of the market by media-assisted, media- the Area Agency on Aging for instructions as to the facilitated, or media-solicited means. The Contractor disposition of such property and shall comply with these certifies that it and all of its affiliates (if any) collect all instructions. required taxes. Miscellaneous Travel Expenses: Reimbursement to the Subcontractor for travel mileage, meals, lodging and other travel Amendment: This contract may not be amended orally or expenses incurred in the performance of this contract shall by performance. Any amendment must be made in written not exceed the rates published in the applicable State form and executed by duly authorized representatives of rules. International travel shall not be reimbursed under the Contractor. this contract. Severability: In the event that a court of competent Sales/Use Tax Refunds: If eligible, the Subcontractor jurisdiction holds that a provision or requirement of this and all subcontractors shall: (a) ask the North Carolina contract violates any applicable law, each such provision Department of Revenue for a refund of all sales and use or requirement shall continue to be enforced to the extent it taxes paid by them in the performance of this contract, is not in violation of law or is not otherwise unenforceable pursuant to G.S. 105-164.14; and (b) exclude all and all other provisions and requirements of this contract refundable sales and use taxes from all reportable shall remain in full force and effect. expenditures before the expenses are entered in their reimbursement reports. Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the Advertising: The Contractor shall not use the award of agreement and should not be used to construe the this contract as a part of any news release or commercial meaning thereof. advertising.