|
11 . Force Majeure : Neither Party shall be deemed to be in default of its obligations hereunder if and so long as it is
<br /> prevented from performing such obligations by any act of war, hostile foreign action , nuclear explosion , riot , strikes ,
<br /> civil insurrection , earthquake , hurricane , tornado , or other catastrophic natural event or act of God .
<br /> 12 . Survival of Promises : All promises , requirements , terms , conditions , provisions , representations , guarantees , and
<br /> warranties contained herein shall survive the Contract expiration or termination date unless specifically provided
<br /> otherwise herein , or unless superseded by applicable Federal or State statutes of limitation .
<br /> 13 . Copyrights and Ownership of Deliverables : All deliverable items produced pursuant to this Contract are the exclusive
<br /> property of the Agency. The Grantee shall not assert a claim of copyright or other property interest in such
<br /> deliverables .
<br /> 14 . Compliance with Laws : The Grantee shall comply with all laws , ordinances , codes , rules , regulations , and licensing
<br /> requirements that are applicable to the conduct of its business , including those of Federal , State , and local agencies
<br /> having jurisdiction and / or authority.
<br /> 15 . Equal Employment Opportunity : The Grantee shall comply with all Federal and State laws relating to equal
<br /> employment opportunity . The Grantee shall take affirmative action in complying with all Federal and State
<br /> requirements concerning fair employment and employment of people with disabilities , and concerning the treatment
<br /> of all employees without regard to discrimination by reason of race , color, religion , sex , national origin , or disability .
<br /> 16 . Access to Persons and Records : The State Auditor shall have access to persons and records as a result of all contracts
<br /> or grants entered into by State agencies or political subdivisions in accordance with N . C . G . S . 147 - 64 . 7 . The Grantee
<br /> shall retain all records for a period of five years following completion of the contract . Additionally, as the State
<br /> funding authority , the Agency shall have access to persons and records as a result of all contracts or grants entered
<br /> into by State agencies or political subdivisions .
<br /> 17 . Record Retention : Records shall not be destroyed , purged or disposed of without the express written consent of the
<br /> Agency . State basic records retention policy requires all grant records to be retained for a minimum of five years or
<br /> until all audit exceptions have been resolved , whichever is longer. If the Contract is subject to Federal policy and
<br /> regulations , record retention may be longer than five years since records must be retained for a period of three years
<br /> following submission of the final Federal Financial Status Report , if applicable , or three years following the submission
<br /> of a revised final Federal Financial Status Report . Also , if any litigation , claim , negotiation , audit , disallowance action ,
<br /> or other action involving this Contract has been started before expiration of the five -year retention period described
<br /> above , the records must be retained until completion of the action and resolution of all issues which arise from it , or
<br /> until the end of the regular five -year period described above , whichever is later.
<br /> 18 . Amendment : This Contract may not be amended orally or by performance . Any amendment must be made in written
<br /> form and executed by duly authorized representatives of the Agency and the Grantee .
<br /> 19 . Severability : In the event that a court of competent jurisdiction holds that a provision or requirement of this Contract
<br /> violates any applicable law , each such provision or requirement shall continue to be enforced to the extent it is not in
<br /> violation of law or is not otherwise unenforceable and all other provisions and requirements of this Contract shall
<br /> remain in full force and effect .
<br /> 20 . Headings : The Section and Paragraph headings in these General Terms and Conditions are not material parts of the
<br /> agreement and should not be used to construe the meaning thereof.
<br /> Rev . 7/2014 Governmental Page 5 of 9
<br />
|