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ATTACHMENT A
<br /> DENR CONTRACT No,6924
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<br /> Availability of Funds: The parties to this Contract agree and and records as a result of all contracts or grants entered into
<br /> understand that the payment of the sums specified In this by State agencies or political subdivisions In accordance with
<br /> Contract is dependent and contingent upon and subject to the General Statute 147-64.7 and Session Law 2010-194,Section
<br /> appropriation,allocation,and availability of funds for this purpose 21 (i.e.,the Slate Auditors and Internal auditors may audit the
<br /> to the Agency. records of the contractor during the term of the contract to
<br /> verify accounts and data at feeling fees or performance).The
<br /> Force Majeure: Neither party Is in default of its obligations Contractor shall retain all records for a period of three years
<br /> hereunder if and it is prevented from performing such obligations following completion of the contract or until any audits begun
<br /> by any act of war,hostile foreign action,nuclear explosion,riot, during this period are completed and findings resolved,
<br /> strikes,civil insurrection,earthquake,hurricane,tornado,or other whichever is later.
<br /> catastrophic natural event or act of God,
<br /> Record Retention: The Grantee may not destroy, purge or
<br /> Survival of Promises: All promises, requirements, terms, dispose of records without the express written consent of the
<br /> conditions, provisions, representations, guarantees, and Agency. State basic records retention policy requires all grant
<br /> warranties contained herein shall survive the contract expiration records to be retained for a minimum of five years or until all
<br /> or termination date unless specifically provided otherwise herein, audit exceptions have been resolved,whichever Is longer. If the
<br /> or unless superseded by applicable federal or State statutes of contract is subject to Federal policy and regulations, record
<br /> limitation. retention may be longer than five years slnce.records must be
<br /> retained for a period of three years following submission of the
<br /> Intellectual Property Rights final Federal Financial Status Report,if applicable,or three years '
<br /> following (he submission of a revised final Federal Financial
<br /> Copyrights and Ownership of Deliverables: Any and all Status Report. Also, it any litigation, claim, negotialion, audit,
<br /> copyrights resulting from work under this agreement shall disallowance action,or other action involving this Contract has
<br /> belong to the Grantee. The Grantee hereby grants to the started before expiration of the five-year retention period
<br /> North Carolina Department of Environment and Natural described above,the records must be retained until completion of
<br /> Resources a royalty-free, non-exclusive, paid-up license to the action and resolution of all issues which arise from it,or until
<br /> use, publish and distribute results of work under this the end of the regular frve-year period described above,
<br /> agreement for North Carolina State Government purposes whichever is later.
<br /> only.
<br /> Time Records: The Grantee will maintain records of the time
<br /> Compliance with Applicable Laws and effort of each employee receiving compensation from this
<br /> contract,in accordance with the appropriate OMB circular,
<br /> Compliance with Laws: The Grantee understands and agrees
<br /> that is subject to compliance with all faws, ordinances, codes, Miscellaneous
<br /> rules,regulations,and licensing requirements that are applicable
<br /> to the conduct of its business, Including those of federal,state, Choice of Law: The valklity of this Contract and any of its terms
<br /> and local agencies having jurisdiction andfor authority. or provisions,as well as the rights and duties of the parties to this
<br /> Contract, are governed by the laws of North Carolina. The
<br /> Equal Employment Opportunity: The Grantee understands Grantee,by signing this Contract,agrees and submits,solely for
<br /> and agrees that it Is subject to compliance with all federal and matters concerning this Contract,to the exclusive jurisdiction of
<br /> State laws relating to equal employment opportunity. the courts of North Carolina and agrees,solely for such purpose,
<br /> 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 sltus 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 Stale 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.
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