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Page 2 of 20 <br /> <br /> <br /> <br />Assignment: No assignment of the County's obligations or the County's right to receive any funding made <br />in any way concerning the matters covered by this MOU hereunder shall be permitted. <br /> <br /> <br />2.0 Terms of the MOU <br /> <br />The term of this MOU shall be for a period of one year beginning July 1, 2018 and ending June 30, 2019. <br /> <br /> 2.1 Default and Modification <br /> <br />Default: In the event the County fails to satisfy the mandated performance requirements as set forth in <br />Attachments I through IX or fails to otherwise comply with the terms of this MOU, the Department may <br />withhold State and/or federal funding. Any such withholding shall be in compliance with, and as allowed <br />by, state and/or federal law. <br /> <br />Performance Improvement/Corrective Action: Prior to the Department exercising its authority to <br />withhold State and/or federal funding for a failure to satisfy the mandated performance requirements or <br />failure to comply with the terms of this MOU, the steps set forth in Attachment X will govern. For this <br />MOU covering Fiscal Year 2018-2019, the Department will not initiate any actions set forth in Attachment <br />X related to the mandated performance requirements until January 1, 2019. Nothing contained in this <br />MOU or Attachment X shall supersede or limit the Secretary’s authority to take any action otherwise set <br />forth in N.C. Gen. Stat. § 108A-74. <br /> <br />Waiver of Default: Waiver by the Department of any default or breach in compliance with the terms of <br />this MOU by the County shall not be deemed a waiver of any subsequent default or breach and shall not <br />be construed to be modification of the terms of this MOU unless stated to be such in writing, signed by <br />an authorized representative of the Department and the County and attached to the MOU. <br /> <br />Force Majeure: Neither Party shall be deemed to be in default of its obligations hereunder if and so long <br />as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear <br />explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural <br />event or act of God. <br /> <br />Modification: The terms and conditions of this MOU may only be modified by written agreement of the <br />Parties, signed by an authorized representative of the Parties. <br /> <br />3.0 MOU Documents <br /> <br />The Recitals and the following attachments are incorporated herein by reference and are part of this <br />MOU: <br />(1) The portions hereof preceding the Terms of Understanding, including but not limited to the <br />introductory paragraph and the Recitals, which are contractual as well as explanatory <br />(2) The Terms of Understanding <br />(3) Attachment I – Mandated Performance Requirements: Child Welfare – Child Protective <br />Services <br />(4) Attachment II – Mandated Performance Requirements: Foster Care <br />(5) Attachment III – Mandated Performance Requirements: Child Support <br />(6) Attachment IV – Mandated Performance Requirements: Energy <br />5