Attachment A
<br /> GENERAL TERMS AND CONDITIONS
<br /> State laws relating to equal employment
<br /> Availability of Funds : The parties to this opportunity ,
<br /> contract agree and understand that the payment
<br /> of the sums specified in this contract is dependent Health Insurance Portability and
<br /> and contingent upon and subject to the Accountability Act ( HIPAA ) : The
<br /> appropriation , allocation , and availability of funds Subcontractor agrees that , if the Contractor
<br /> for this purpose to the Contractor from federal , determines that some or all of the activities
<br /> state and local sources . within the scope of this contract are subject to
<br /> the Health Insurance Portability and
<br /> Force Majeure : Neither party shall be deemed to Accountability Act of 1996 , P . L . 1041ono91 , as
<br /> be in default of its obligations hereunder if and so amended ( " HIPAX ) , or its implementing
<br /> long as it is prevented from performing such regulations , it will comply with the HIPAA
<br /> obligations by any act of war, hostile foreign requirements and will execute such agreements
<br /> action , nuclear explosion , riot, strikes , civil and practices as the Contractor may require to
<br /> insurrection , earthquake , hurricane , tornado , * or ensure compliance .
<br /> other catastrophic natural event or act of God .
<br /> Confidentiality
<br /> Survival of Promises : All promises ,
<br /> requirements , terms , conditions , provisions , Confidentiality : Any information , data ,
<br /> representations , guarantees , and warranties instruments , documents , studies or reports given
<br /> contained herein shall survive the contract to or prepared or assembled by the Subcontractor
<br /> expiration or termination date unless specifically under this agreement shall be kept as confidential
<br /> provided otherwise herein , or unless superseded and not divulged or --* made available to any
<br /> by applicable Federal or State statutes of individual or organization without the prior written
<br /> limitation . approval of the Contractor. The Subcontractor
<br /> acknowledges that in receiving , storing ,
<br /> Intellectual Property Rights processing or otherwise dealing with any
<br /> confidential information it will safeguard and not
<br /> Copyrights and Ownership of Defiverables : All further disclose the information except as
<br /> deliverable items produced pursuant to this otherwise provided in this contract,
<br /> contract are the exclusive property of the
<br /> Contractor. The subcontractor shall not assert a Oversight
<br /> claim of copyright or other property interest in
<br /> such deliverables . Access to Persons and Records : The
<br /> Contractor, County , Area Agency on Aging ,
<br /> Federal Intellectual Property Bankruptcy Division of Aging and Adult Services , other
<br /> Protection Act : The Parties agree that the authorized officials of the Contractor, funding
<br /> Contractor shall be entitled to all rights and authorities , the North Carolina State Auditor ,
<br /> benefits of the Federal Intellectual Property and/or applicable federal agencies shall have
<br /> Bankruptcy Protection Act , Public Law 100- 506 , access to persons and records as a result of all
<br /> codified at 11 U . S . C . 365 ( n ) and any contracts or grants entered into by State agencies
<br /> amendments thereto , or political subdivisions in accordance with
<br /> General Statute 147-64 . 7 . Additionally , as a State
<br /> Compliance with Applicable Laws , funding authority. , the Department of Health and
<br /> Human Services shall have access to persons and
<br /> Compliance with Laws : The Subcontractor shall records as a result of all contracts or grants
<br /> comply with all laws , ordinances , codes , rules , entered into by State agencies or political
<br /> regulations , and licensing requirements that are subdivisions .
<br /> applicable to the conduct of its business , including
<br /> those of federal , state , and local agencies having Record Retention : Records shall not be
<br /> jurisdiction and/or authority , destroyed , purged or disposed of without the
<br /> express written consent of the Contractor. State
<br /> Equal Employment Opportunity : The basic records retention policy requires all grant
<br /> Subcontractor shall comply with all federal and records to be retained for a minimum of five years
<br /> Page 5 of 12
<br />
|