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<br />All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds <br />fiom USDHS, SLGCP, ODP and the Grantee for the purposes set forth and the MOA shall <br />automatically terminate if funds cease to be available. <br />Allowable eligible costs shall be determined in accordance with the applicable federal regulations, <br />including but not limited to, 28 C.F.R. Parts 66, 67, 69 and 70, and the applicable USDHS, SLGCP, <br />ODP Program Guidelines and Application Kits available at <br />ht~/(www.ojp.usdoj~ovlguidelinesinli~.htm ,OMB Circulars A-21, A-87, A-122, A-128 and A- <br />133, the U.S. DO.J Office of Justice Programs Financial Guide available at <br />t<<.~~~ c __t, _n€1 f ,~~~..._°.~. t~11.C E.;r<<'1, and the approval of the State Administrative Agent FOR THE <br />STATE OF NORTH CAROLINA, the Secretary of Crime Contro] and Public Safety. The <br />applicable USDHS, SLGCP, ODP Program Guidelines and Application Kits, include but may not be <br />limited to, the following: Fiscal Year 2005 BZPP Grant Program Guidelines.. <br />IX, MODIFICATION OF THE AGREEMENT <br />Modifications of this agreement must be in writing and upon approval oi` both parties except as <br />modified by olTicial USDHS, SLGCP, ODP Federal Grant Adjustment Notice (GAN). <br />X. PROPERTY <br />All property furnished under this agreement shall become flee property of the Sub-grantee. The Sub- <br />grantee shall be responsible for the custody and care of any property furnished for use in connection <br />with the performance of this agreement. The Grantee will not beheld responsible for any equipment <br />purchased by Sub-grantee. <br />XI. COMMUNICATIONS <br />To provide consistent and effective communication between the Sub-grantee and the Grantee, each <br />party shall appoint a Principal Representative(s) to serve as its central point of contact responsible <br />for coordinating and implementing this MOA. The Grantee contacts shall be Mr. H. Douglas Hoell, <br />Ir., Director; David Skordinski, Homeland Security Senior Grant Manager and Patty Moyer, BZPP <br />Grant Manager. <br />All confidential information of either party disclosed to the other party in connection with the <br />services provided hereunder will be treated by the receiving party as confidential and restricted in its <br />use to only those uses contemplated by the terms of this Agreement. Any information which is to be <br />treated as confidential must be clearly marked as confidential prior to transmittal to the other party. <br />Neither party shall disclose to third parties, the other party's confidential information without written <br />authorization to do so fiom the other party. Specifically excluded icom such confidential treatment <br />shall be information which: (i) as of the date of disclosure and/or delivery, is already known to the <br />party receiving such information; (ii) is or becomes part of the public domain, through no fault of <br />the receiving party; (iii) is lawfully disclosed to the receiving party by a third party who is not <br />obligated to retain such information in confidence; or (iv) is independently developed at the <br />receiving party by someone not privy to the confidential information <br />Page 4 of 10 <br />