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r <br /> PART V(A) (continued) Form GHSP-D-03 <br /> ' ) ACCEPTANCE OF CONDITIONS <br /> (8) Annual Audits: In accordance with OMB Circular A-128,dated April 12,1985,the applicant <br /> l'cant <br /> receiving$100,000 or more of direct and indirect Federal financial assistance from all sources shall <br /> arrange for independent financial and compliance audits.Such audits,unless exempt by law,shall be <br /> made annually and a copy provided to the department within thirty <br /> audit, but not later than one(1)year after end of the audit period. (30) days of completion of the <br /> (9) Acceptance of Conditions by Institutions of Higher Education, and other Non-Profit <br /> Organizations: Applicants shall adhere to the standards established by Office of Management and <br /> Budget (OMB) Circular A-110 and additions or amendments thereto, for Uniform Administrative <br /> Requirements for grants and agreements with institutions of higher education, hospitals, and other <br /> nonprofit organizations; and OMB Circular A-21 for principles-for determining costs applicable to <br /> research and development under grants and contracts with educational institutions. • <br /> (10) Prohibited Interests: No member, officer, or employee of the department or of a local u <br /> body or of the agency during his or her tenure, or for at least one (1) A blic <br /> interest, direct or indirect, in this agreement or the proceeds thereof or therefrom.fter, shall have any <br /> (11) Department Held Harmless: The agency shall be responsible for and save h armless the <br /> department,its officers,employees,agents,or servants from all claims and liability due to its negligent <br /> acts, if any, or the negligent acts,if any, of its subcontractors,agents, or employees in connection with <br /> their services under this agreement. <br /> (12) Resolution of Disputer Any dispute concerning a question of fact in connect' <br /> not disposed of by agreement by and between the agency connection with the work <br /> between the parties to this agreement, shall be referred to e Secretary of the North Carolina Depart- <br /> ment <br /> of Transportation and the authorized official of the agency for a negotiated settlement. In any <br /> dispute concerning a question of fact in connection with the project where such negotiated settlement cannot be resolved in a timely fashion,the final decision regarding such dispute shall be made by the <br /> Secretary of the Department, with the concurrence of the Federal funding agency, and shall be final <br /> and conclusive for all parties. nal <br /> (13) Termination of Agreement: <br /> (a) The Department In the event of agency noncompliance with any of the provisions o <br /> agreement,the department may terminate this agreement by of this <br /> days advance notice.The department, before issuing-notice termination agency f this thirty ment,shall allow the agency a reasonable opportunity to correct for noncompliance. For <br /> noncompliance with the nondiscrimination section of this agreement or with any of the <br /> said rules, regulations or orders, this agreement may be cancelled, terminated, or sus- <br /> pended in whole or in part. <br /> (b) The Agency. The agency may terminate its participation. in the PWP by notifying and <br /> receiving the concurrence of the department thirty.(30)days in advance of the termination. <br /> (14) Contracts Under This Agreement; Unless otherwise authorized in writing <br /> the agency shall not assign any portion of the work to be performed under this agreeentdepart or execute cute <br /> any agreement, amendment or change order thereto, or obligate itself in any manner with any third <br /> party with respect to its rights and responsibilities under this agreement without the <br /> concurrence of the department. Any subcontract under this agreement must include all required <br /> and/or applicable clauses and prior written <br /> provisions of this agreement. q d <br /> (15) Cost of the Project It is understood and agreed that the work conducted pursuant <br /> agreement shall be done on an acutal cost basis by the agency. p suant to this <br /> department shall not exceed the estimated funds budgeted in the a <br /> y 4 c9.The amount of reimbursement from the <br /> shall initiate and prosecute to completion all actions necessary to enable the agency to The agency <br /> de itsshare of the project costs at or prior to the conclusion of the project. <br /> • <br /> agency to provide its <br /> I <br />