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DocuSign Envelope ID:03945128-5AF0-4274-B12E-9229E2258D5B <br /> DPSNorth (1 a rolinna I partm nt of Publi � f ty <br /> Emergency Management <br /> Pat McCrory, Governor Michael A. Spravberry,Director <br /> Frank L„pent°, Secretary <br /> While this information under federal control is subject to requests made pursuant to the <br /> Freedom of Information Act(FOIA), 5 U.S.C. §552 et. seq., all determinations <br /> concerning the release of information of this nature are made on a case-by-case basis by <br /> the FEMA FOIA Office. This agreement may be subject to the North Carolina Public <br /> Records Act, Chapter 132 of the North Carolina General Statutes. <br /> 16. Subcontracting <br /> If Sub-Recipient subcontracts any or all purchases or services required under this <br /> Agreement, then Sub-Recipient agrees to include in the subcontract that the subcontractor <br /> is bound by the terms and conditions of this MOA. Sub-Recipient and any subcontractor <br /> agree to include in the subcontract that the subcontractor shall hold Recipient harmless <br /> against all claims of whatever nature arising out of the subcontractor's performance of <br /> work under this MOA. If Sub-Recipient subcontracts any or all purchases or services <br /> required under this MOA, a copy of the executed subcontract Agreement must be <br /> forwarded to Recipient. A contractual arrangement shall in no way relieve Sub-Recipient <br /> of its responsibilities to ensure that all funds issued pursuant to this grant be administered <br /> in accordance with all state and federal requirements. Sub-Recipient is bound by all <br /> special conditions of this grant award as set out in the Grant Application Package and the <br /> Grant Award and Special Conditions documents, incorporated by reference herein, as <br /> well as all terms, conditions and restrictions of the applicable EMPG NOFOA referenced <br /> herein. <br /> 17. Situs <br /> This Agreement shall be governed by the laws of North Carolina and any claim for <br /> breach or enforcement shall be filed in state court in Wake County,North Carolina. <br /> 18. Antitrust Laws <br /> This Agreement is entered into in compliance with all state and federal antitrust laws. <br /> 19. Other Provisions/Severability <br /> Nothing in this Agreement is intended to conflict with current laws or regulations of the <br /> State of North Carolina, Department of Public Safety,North Carolina Emergency <br /> Management, or the Sub-Recipient. If a term of this agreement is inconsistent with such <br /> authority, then that term shall be invalid, but the remaining terms and conditions of this <br /> agreement shall remain in full force and effect. <br /> 20. Compliance with the law <br /> Sub-Recipient shall be wholly responsible for the purchases to be made under this MOA <br /> and for the supervision of its employees and assistants. Sub-Recipient shall be responsible <br /> for compliance with all laws, ordinances, codes,rules, regulations, licensing requirements <br /> and other regulatory matters that are applicable to the conduct of its business and <br /> purchase requirements performed under this MOA, including those of federal <br /> requirements and state and local agencies having appropriate jurisdiction and found in the <br /> FY 2016 EMPG NOFOA. <br />