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funds include federal financial assistance information necessary to permit the Grantee to comply <br /> received by the State and transferred or with the standards set forth in this Contract. <br /> disbursed to non-State entities. Both Federal <br /> and State funds maintain their identity as they Assignment: No assignment of the Grantee's <br /> are subgranted to other organizations. obligations or the Grantee's right to receive payment <br /> Pursuant to NCGS 143C-6-23(a)(1), the terms hereunder shall be permitted. However, upon written <br /> "State grant funds" and "State grants" do not request approved by the issuing purchasing authority,the <br /> include any payment made by the Medicaid State may: <br /> program, the Teachers' and State Employees' (a) Forward the Grantee's payment check(s)directly <br /> Comprehensive Major Medical Plan, or other to any person or entity designated by the <br /> similar medical programs. Grantee, or <br /> (17) "Subgrantee" has the meaning in NCGS (b) Include any person or entity designated by <br /> 143C-6-23(a)(3): a non-State entity that Grantee as a joint payee on the Grantee's <br /> receives a grant of State funds from a grantee payment check(s). <br /> or from another subgrantee but does not In no event shall such approval and action obligate the <br /> include any non-State entity subject to the State to anyone other than the Grantee and the Grantee <br /> audit and other reporting requirements of the shall remain responsible for fulfillment of all contract <br /> Local Government Commission. obligations. <br /> (18) "Unit of Local Government" has the meaning <br /> in NCGS 143C-1-1(d)(29): A municipal Beneficiaries: Except as herein specifically provided <br /> corporation that has the power to levy taxes, otherwise, this Contract shall inure to the benefit of and <br /> including a consolidated city-county as be binding upon the parties hereto and their respective <br /> defined by NCGS 160B-2(1), and all boards, successors.It is expressly understood and agreed that the <br /> agencies, commissions, authorities, and enforcement of the terms and conditions of this Contract, <br /> institutions thereof that are not municipal and all rights of action relating to such enforcement, <br /> corporations. shall be strictly reserved to the Agency and the named <br /> Grantee. Nothing contained in this document shall give <br /> Relationships of the Parties or allow any claim or right of action whatsoever by any <br /> other third person. It is the express intention of the <br /> Independent Contractor: The Grantee is and shall be Agency and Grantee that any such person or entity, other <br /> deemed to be an independent contractor in the than the Agency or the Grantee, receiving services or <br /> performance of this Contract and as such shall be wholly benefits under this Contract shall be deemed an <br /> responsible for the work to be performed and for the incidental beneficiary only. <br /> supervision of its employees. The Grantee represents <br /> that it has, or shall secure at its own expense, all Indemnity <br /> personnel required in performing the services under this <br /> agreement. Such employees shall not be employees of, Indemnification: The Grantee agrees to indemnify and <br /> or have any individual contractual relationship with, the hold harmless the Agency, the State of North Carolina, <br /> Agency. and any of their officers, agents and employees, from <br /> any claims of third parties arising out of any act or <br /> Subcontracting: The Grantee shall not subcontract any omission of the Grantee in connection with the <br /> of the work contemplated under this Contract without performance of this Contract. <br /> prior written approval from the Agency. Any approved <br /> subcontract shall be subject to all conditions of this Default and Termination <br /> Contract. Only the subcontractors or subgrantees <br /> specified in the contract documents are to be considered Termination by Mutual Consent: The Parties may <br /> approved upon award of the contract. The Agency shall terminate this Contract by mutual consent with 60 days <br /> not be obligated to pay for any work performed by any notice to the other party, or as otherwise provided by <br /> unapproved subcontractor or subgrantee. The Grantee law. <br /> shall be responsible for the performance of all of its <br /> subgrantees and shall not be relieved of any of the duties Termination Without Cause: The Agency may <br /> -nd responsibilities of this Contract. terminate this contract without cause by giving 60 days <br /> written notice to the Contractor. In that event, all <br /> Subgrantees: The Grantee has the responsibility to finished or unfinished deliverable items prepared by the <br /> ensure that all subgrantees, if any, provide all Contractor under this contract shall, at the option of the <br /> Agency, become its property and the Contractor shall be <br /> Page 6 of 15 <br />