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~o <br />~3 <br />(iv) is independently developed at the receiving pasty by someone not privy to the confidential <br />information. <br />XQ. SUBCUNTRA.CTINGAHD SUBGRANTING <br />Tf the AGENCY subcontracts or subgrants any or aI1 purchases required under this Agreement, <br />AGENCY agrees to include in the subconizact or subgrant that the subcontractor/subgrantee is <br />bound by the terms and conditions of this MOA. AGENCY agrees to include in the <br />subcontract/subgrant that the subcontractor/subgz•antee shall hold the Department of Crime <br />Control and Public Safety, Division of'Emergeney Management harmless against all claims of <br />whatever nature arising out of the subcontractor's performance ofwork under this MOA, to the <br />extent allowed and required by law. If AGENCY subcontracts/subgrants, a copy of the executed <br />subcontractlsubgrant agreement must be forwarded to the Division of Emergency Management <br />and approval granted prior to the execution of said subcontractJsubgrant. Contractual <br />azr~angement shall in na way relieve AGENCY of its responsibilities to ezrstu~e that all funds <br />issued pursuant to this grant be administered in accordance with all state and federal <br />requirements. AGENCY is bound by the terms, conditions and restrictions of the applicable <br />USDHS, SLGGP, ODP, Homeland Security and Offrce of Domestic Preparedness Program <br />Guidelines and Application Kits referenced herein. <br />XLII. CONII'LIANCE WITH THE LAW <br />AGENCY shall be wholly responsible for the purchases to be made under this MOA and for -the <br />supervision af' its employees and assistants. AGENCY shall be responsible for compliance with <br />all laws, ordinances, codes, rules, regulations, licensing requirements and other z~egulatory <br />matters that are applicable to the conduct of its business and purchase requirements performed <br />under this MOA, including those of federal requirements and ,State, and local agencies having <br />appropriate jurisdiction and found in applicable USDHS, SLGGP, ODP Program Guidelines and <br />Application Kits. <br />XIV. WARRANTY <br />AGENCY shall hold the Department of Crime Control and Public Safety, Division of <br />Emergency Management harmless for any liability and personal injury that may occur from ar in <br />connection with the performance of this MOA to the extent permitted by the North Carolina tort <br />Claims Act. <br />XV. ANTITRUST LAWS <br />This Agreement is entered into in compliance with. all State and Federal antitrust laws <br />XVI. TERMINATION <br />The termination date is March 31, 2007. This MOA may be tezminafed upon submission of a <br />34-day advance written notice of termination. <br />Page 5 of 7 <br />