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resolved, whichever is longer. If the contract is
<br />subject to federal policy and regulations, record
<br />retention may be longer than five years since
<br />records must be retained for a period of three
<br />years following subrnission of the final Federal
<br />Financial Status Report, if applicable, or three
<br />years following the submission of a revised final
<br />Federal Financial Status Report, Also, if any
<br />litigation, claim, negotiation, audit, disallowance
<br />action, or other action involving this Contract has
<br />been started before expiration of the five-year
<br />retention period described above, the records
<br />must be retained until completion of the action
<br />and resolution of all issues which, arise from it, or
<br />until the end of the regular five-year period
<br />described above, whichever is later. The record
<br />retention period for Temporary Assistance for
<br />Needy families (TAIL F) and MEDICAID and
<br />Medical Assistance grants and prograrns rnust
<br />be retained for a minimurn, of ten years.
<br />Warranties and Certifications
<br />Date and Time Warranty: The Subcontractor
<br />warrants that the product(s) and service(s)
<br />furnished pursuant to this contract ("product"'
<br />includes, without limitation, any piece of
<br />equipment, hardware, firmware, middleware,
<br />custorn or commercial software, or internal
<br />components, subroutines,, and interfaces
<br />therein) that perform any date and/or time data
<br />recognition function, calculation, or sequencing
<br />will support a four digit year format and will
<br />provide accurate date/firne data and leap year
<br />calculations. This warranty shall survive the
<br />termination or expiration of this contract.
<br />Certification Regarding Collection! of Taxes,
<br />G. S. 148- g,1 bars the Secretary of
<br />Administration frorn entering into contracts, with
<br />vendors that meet one of the conditions of G.,
<br />105-164.8(b) and yet refuse to collect use taxes
<br />on sales of tangibile personal property to
<br />purchasers in North Carolina, The conditions
<br />include: (a) maintenance of a retail
<br />establishment or office; (b) presence of
<br />representatives in the State that solicit sales or
<br />transact business on behalf of the vendor; and
<br />(c) systernatic exploitation of the market by
<br />media-assisted, rneciia-facifitated, or media-
<br />solicited means. The Contractor certifies that it
<br />and all of its affiliates (if any) collect all required
<br />taxes,
<br />Miscellaneous
<br />Amendment: This contract may not be
<br />amended oralllly or by performance. Any
<br />amendment must be made in written forrn and
<br />executed by dully authorized representatives of
<br />the Contractor.
<br />Severability-, In the event that a court of
<br />competent jurisdiction holds that a provision or
<br />requirement of this contract violates any
<br />applicable law, each such provision or
<br />requirernent shall continue to be enforced to the
<br />extent it is not in violation of law or is not
<br />otherwise unenforceable and all other provisions
<br />and requirements of this contract shall remain in
<br />full force and effect.
<br />Headling!s. The Section and!, Paragraph
<br />headings in these General Terms and
<br />Conditions are not material parts of the
<br />agreement and should not be used to construe
<br />the meaning thereof.
<br />Tirne of the Essence. Time is of the essence in
<br />the performance of this contract.
<br />Key Personnel: The Contractor shall not
<br />replace any of the key personnel) assigned to the
<br />performance of this , contract without the prior
<br />written inotiification of the Contractor. The term
<br />"key personnel," inicludes, any and all persons,
<br />identified by as Such in the contract documents,
<br />and any other persoinis, sub'sequently identified
<br />as key personnel by the written agreement of
<br />the parfiles.
<br />Care of Property: The Subcontractor agrees
<br />that it shall be responsible for the proper custody
<br />and care of any property furnished to it for use in
<br />connection with the performance of this contract
<br />and will reimburse the Contractor for loss of, or
<br />damage to, such property. At the termination of
<br />this contract, the Subcontractor shall contact the
<br />Area Agency on Aging for instructions as to the
<br />disposition of such property and shall comply
<br />with these instructions,
<br />Travel Expenses: Reimbursement to the
<br />Subcontractor for travel' mileage, meals, lodging
<br />and other travel expenses incurred in the
<br />performance of this contract shall not exceed the
<br />rates published in the applicable State rules.
<br />international travel shall not be reimbursed
<br />under this contract.
<br />Sales/Use Tax Refunds: If eligible, the
<br />Subcontractor and all Subcontractors shall. (a)
<br />ask the North Carolina Department of Revenue
<br />for a refund of all sales and ) use taxes paid by
<br />them in the performance of this contract,
<br />pursuant to G.S. 105-16,4,14; and (b) exclude all
<br />refundable sales and use taxes, from @H
<br />reportable expenditures before the expenses are
<br />entered in their reimbursernent reports.
<br />Advertising: The Contractor shall not use the
<br />award of this contract as a part of any news
<br />release or commercial advertising.
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