|
giving written notice to the Grantee and specifying Compliance with Applicable Laws
<br /> the effective date thereof.
<br /> Compliance with Laws: The Grantee shall comply
<br /> In that event, all finished or unfinished deliverable with all laws, ordinances, codes, rules, regulations,
<br /> items prepared by the Grantee under this Contract and licensing requirements that are applicable to the
<br /> shall, at the option of the Agency, become its conduct of its business, including those of federal,
<br /> property and the Grantee shall be entitled to receive State, and local agencies having jurisdiction and/or
<br /> just and equitable compensation for any satisfactory authority.
<br /> work completed on such materials, minus any
<br /> payment or compensation previously made. Equal Employment Opportunity: The Grantee
<br /> shall take affirmative action in complying with all
<br /> Notwithstanding the foregoing provision, the Grantee federal and State statutes and all applicable
<br /> shall not be relieved of liability to the Agency for requirements concerning fair employment of people
<br /> damages sustained by the Agency by virtue of the with disabilities, and concerning the treatment of all
<br /> Grantee's breach of this agreement, and the Agency employees without regard to discrimination by reason
<br /> may withhold any payment due the Grantee for the of race, color, religion, sex, national origin or
<br /> purpose of setoff until such time as the exact amount disability. For additional information see Title VI of the
<br /> of damages due the Agency from such breach can be Civil Rights Act of 1964 (42 U.S.C., 2000d, 2000e-
<br /> determined. The filing of a petition for bankruptcy by 16), Title XI of the Education amendments of 1972,
<br /> the Grantee shall be an act of default under this as amended (20 U.S.C. 1681-1683 and 1685-1686),
<br /> Contract. and section 504 of the Rehabilitation Act of 1973 as
<br /> amended (29 U.S.C. 794).
<br /> Waiver of Default: Waiver by the Agency of any
<br /> default or breach in compliance with the terms of this Executive Order 24: In accordance with Executive
<br /> Contract by the Grantee shall not be deemed a Order 24, issued by Governor Perdue, and N.C.G.S.§
<br /> waiver of any subsequent default or breach and shall 133-32, a vendor or contractor (i.e. architect, bidder,
<br /> not be construed to be modification of the terms of contractor, construction manager, design
<br /> this Contract unless stated to be such in writing, professional, engineer, landlord, offeror, seller,
<br /> signed by an authorized representative of the Agency subcontractor, supplier, vendor, or grantee), is
<br /> and the Grantee and attached to the Contract. prohibited from making gifts or giving favors to any
<br /> employee of the Agency of Agriculture and Consumer
<br /> Availability of Funds: The parties to this Contract Services. This prohibition covers those vendors,
<br /> agree and understand that the payment of the sums contractors, and/or grantees who:
<br /> specified in this Contract is dependent and contingent
<br /> upon and subject to the appropriation, allocation, and (a) have a Contract with a governmental
<br /> availability of funds for this purpose to the Agency. Agency; or
<br /> (b) have performed under such a Contract within
<br /> Force Majeure: Neither party shall be deemed to be the past year; or
<br /> in default of its obligations hereunder if and so long (c) anticipate bidding on such a Contract in the
<br /> as it is prevented from performing such obligations by future.
<br /> any act of war, hostile foreign action, nuclear
<br /> explosion, riot, strikes, civil insurrection, earthquake, For additional information regarding the specific
<br /> hurricane, tornado, or other catastrophic natural requirements and exemptions, vendors, contractors,
<br /> event or act of God. and/or grantees are encouraged to review Executive
<br /> Order 24 and N.C.G.S. § 133-32.
<br /> Survival of Promises: All promises, requirements,
<br /> terms, conditions, provisions, representations, Confidentiality
<br /> guarantees, and warranties contained herein shall
<br /> survive the Contract expiration or termination date Confidentiality: Any information, data, instruments,
<br /> unless specifically provided otherwise herein, or documents, studies or reports given to or prepared or
<br /> unless superseded by applicable federal or State assembled by the Grantee under this agreement
<br /> statutes of limitation. shall be kept as confidential and not divulged or
<br /> made available to any individual or organization
<br /> Intellectual Property Rights without the prior written approval of the Agency. The
<br /> Grantee acknowledges that in receiving, storing,
<br /> Copyrights and Ownership of Deliverables: All processing or otherwise dealing with any confidential
<br /> deliverable items produced pursuant to this Contract information it will safeguard and not further disclose
<br /> are the exclusive property of the Agency. The the information except as otherwise provided in this
<br /> Grantee shall not assert a claim of copyright or other Contract.
<br /> property interest in such deliverables.
<br /> NCDA&CS-General Terms and Conditions—Public-Local Governmental Entities
<br /> Eff.07/14;4/15;1/17 Page 3 of 4
<br />
|