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(Revised 8/16:#2,4,9,11,14,24) <br /> North Carolina Division of Aging and Adult Services <br /> 2101 Mail Service Center <br /> 693 Palmer Drive <br /> Raleigh,North Carolina 27699-2101 <br /> 29. Termination of Contract for Cause. If through any cause, the Agency shall fail to fulfill in a <br /> timely and proper manner its obligations under this contract, or if the Agency has or shall <br /> violate any of the covenants, agreements,representations or stipulations of this contract,the <br /> Area Agency shall therefore have the right to terminate this contract by giving written notice to <br /> the Agency of such termination and specifying the effective date thereof. In such event, all <br /> finished documents and other materials collected or produced under this contract shall at the <br /> option of the Area Agency,become its property. The Agency shall be entitled to receive just <br /> and equitable compensation for any work satisfactorily performed under this contract, except to <br /> the extent such work must be duplicated in order to complete the contract. Notwithstanding the <br /> foregoing,the Agency shall not be relieved of liability to the Area Agency for damages <br /> sustained by the Area Agency by virtue of any breach of this contract by the Agency and the <br /> Area Agency may withhold payment of any additional sums as security for payment of damages <br /> caused by the Agency's breach,until such time as the exact amount of the damages resulting <br /> from such breach is determined. <br /> 30. Termination for Convenience. The Area Agency may terminate this contract for the <br /> convenience of the Area Agency at any time by giving written notice to the Agency of such <br /> termination and specifying the date thereof,no fewer than fifteen(15) days prior to the effective <br /> date of such termination. In that event, all finished or unfinished documents and other materials <br /> produced or collected shall, at the option of the Area Agency, become the property of the Area <br /> Agency. If this contract is terminated by the Area Agency as provided in this paragraph,the <br /> Agency will be paid the grant reimbursement percentage, described in paragraph 5, of the actual <br /> allowable expenses that have been incurred by the Agency prior to the effective date of such <br /> termination, less payments of compensation previously made by the Area Agency. Provided, <br /> however,if this contract is terminated because of default by the Agency the provisions of <br /> paragraph 29 hereof shall prevail. <br /> 31. Confidentiality and Security. .Per the requirements in l0A NCAC 05J and Section 6 of the <br /> Home and Community Care Block Grant Procedures Manual (updated 2016 through DAAS <br /> Administrative Letter 16-1.1), client information in any format and whether recorded or not <br /> shall be kept confidential and not disclosed in a form that identifies the person without the <br /> informed consent of the person or legal representative. Information must be maintained in a <br /> secure environment with restricted access, and community service providers must establish <br /> procedures to prevent accidental disclosures from data processing systems. Community service <br /> providers,including subcontractors and vendors,must adhere to requirements for protecting the <br /> security and confidentiality of client information. <br /> 32. Applicable Law. This contract is executed and is to be performed in the State of North <br /> Carolina,and all questions of interpretation and construction shall be construed by the laws of <br /> such State. <br /> 8 of 9 <br />