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5 <br />for three years following the date of termination of this MOA, with the following <br />exception: If any litigation, claim or audit is stazted before the expiration of the three <br />year period and extends beyond the three year period, the records will be maintained until <br />all litigation, claims or audit findings involving the records have been resolved <br />VIII. F[7NDING AND COMPENSATION <br />The Depaztment of Crime Control and Public Safety, Division of Emergency Management will <br />provide funding to the County of Orange, for the actual costs incurred, not to exceed three <br />thousand dollars ($3,000) for the costs associated with developing and conducting WMD <br />exercises as described in this MOA. Funds will be provided by the State of North Carolina, <br />Depaztment of'Ctime Control and Public Safety, Division of'Emergency Management, Budget <br />Code 5.36-02 The allocation of funds will be from the DOI FY 2002 Statewide Domestic <br />Prepazedness Grant All terms and conditions of this Agreement aze dependent upon and subject <br />to the allocation of funds from DOI, OTP and the Department of Crime Control and Public <br />Safety, Division of Emergency Management for the proposes set forth and the MOA shall <br />automatically terminate if funds cease to be available. Allowable costs shall be determined in <br />accordance with the OiTice of the Assistant Attorney General, O.TP regulations under the State <br />Domestic Prepazedness Progam for Federal fiscal year 2002 and in accordance with the U.S <br />Depaztment of Justice, Office of Iustice Programs, Office of Domestic Prepazedness, Fiscal Yeaz <br />2002 State Domestic Preparedness Program, Program Guidelines and Application Kit available <br />at http://www.ojp.usdoj.gov/odp/does/02odpkit.pdf <br />IX. MODIFICATION OF THE AGREEMENT <br />Modification of this Agreement must be in writing and upon approval of both pazties. <br />X. PROPERTY <br />The County of Orange shall be responsible fot the custody and care of any property furnished for <br />use in connection with the performance of-this agreement and shall reimburse the Division of <br />Emergency Management for any loss or damage to said property to the extent permitted by the <br />North Cazolina Tort Claims Act.. <br />All confidential information of either pazty disclosed to the other party in connection with the <br />services provided hereunder will be treated by the receiving party as confidential and restricted <br />in its use to only those uses contemplated by the terms of this Agreement Any information, <br />which is to be treated as confidential, must be clearly marked as confidential prior to transmittal <br />to the other party. Neither party shall disclose to third pazties, the other pazty's confidential <br />information without written authorization to do so from the other party Specifically excluded <br />from such co~dential treatment shall be information which: (i) as of the date of disclosure <br />and/or delivery, is already known to the pazty receiving such information; (ii) is or becomes pazt <br />of the public domain, through no fault of the receiving party; (iii) is lawfully disclosed to the <br />Page 3 of 7 <br />