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DocuSign Envelope ID : 31D67EE713 C= -4913MMC-6C601 CADD1 FF
<br /> performance of this Contract to the extent permitted by
<br /> law , Force Majeure : Neither party shall be deemed to be in
<br /> default of its obligations hereunder if and so long as it is
<br /> Default and Termination prevented from performing such obligations by any act of
<br /> war, hostile foreign action , nuclear explosion , riot , strikes ,
<br /> Termination by Mutual Consent : The Parties may civil insurrection , earthquake , hurricane , tornado , or other
<br /> terminate this Contract by mutual consent with 60 days ' catastrophic natural event or act of God ,
<br /> notice to the other party , or as otherwise provided by law .
<br /> Survival of Promises : All promises , requirements ,
<br /> Termination Without Cause : The Recipient may terms , conditions , provisions , representations , guarantees ,
<br /> terminate this contract without cause by giving 60 days and warranties contained herein shall survive the contract
<br /> written notice to the Contractor . In that event , all finished expiration or termination date unless specifically
<br /> or unfinished deliverable items prepared by the provided otherwise herein , or unless superseded by
<br /> Contractor under this contract shall , at the option of the applicable federal or state statutes of limitation .
<br /> Recipient , become its property and the Contractor shall be
<br /> entitled to receive just and equitable compensation for any Health Insurance Portability and Accountability Act
<br /> satisfactory work completed on such materials , minus any (HIPAA) : The Contractor agrees that , if the Recipient
<br /> payment or compensation previously made , determines that some or all of the activities within the
<br /> scope of this contract are subject to the Health Insurance
<br /> Termination for Cause : If, through any cause , the Portability . and Accountability Act of 1996 , P . L . 104- 915
<br /> Subrecipient shall fail to fulfill its obligations under this as amended ("HIPAA ") , or its implementing regulations ,
<br /> Contract in a timely and proper manner , the Recipient it will comply with the HIPAA requirements and will
<br /> shall have the right to terminate this Contract by giving execute such agreements and practices as the Recipient
<br /> written notice to the Subrecipient and specifying the may require to ensure compliance ,
<br /> effective date thereof. In that event, all finished or
<br /> unfinished deliverable items prepared by the Subrecipient Executive Order # 24 : "By Executive Order 24 , issued
<br /> under this Contract shall , at the option of the Recipient, by Governor Perdue , and NCGS 133 -32 , it is unlawful for
<br /> become its property and the Subrecipient shall be entitled any vendor or contractor ( i . e . architect, bidder ,
<br /> to receive just and equitable compensation for any contractor, construction manager, design professional ,
<br /> satisfactory work completed on such materials , minus any engineer, landlord, offeror, seller, subcontractor , supplier,
<br /> payment or compensation previously made . or vendor) , to make gifts or to give favors to any State
<br /> Notwithstanding the foregoing provision, the employee of the Governor ' s Cabinet Agencies ( i . e . ,
<br /> Subrecipient shall not be relieved of liability to the Administration , Commerce , Correction , Crime Control
<br /> Recipient for damages sustained by the Recipient by and Public Safety, Cultural Resources , Environment and
<br /> virtue of the Subrecipient ' s breach of this agreement, and Natural Resources , Health and Human Services , Juvenile
<br /> the Recipient may withhold any payment due the Justice and Delinquency Prevention , Revenue ,
<br /> Subrecipient for the purpose of setoff until such time as Transportation, and the Office of the Governor) . This
<br /> the exact amount of damages due the Recipient from such prohibition covers those vendors and contractors who
<br /> breach can be determined . have a contract with a governmental agency; or have
<br /> performed under such a contract within the past year ; or
<br /> Waiver of Default : Waiver by the Recipient of any anticipate bidding on such a contract in the future ,
<br /> default or breach in compliance with the terms of this
<br /> Contract by the Subrecipient shall not be deemed a waiver For additional information regarding the specific
<br /> of any subsequent default or breach and shall not be requirements and exemptions , vendors and contractors
<br /> construed to be modification of the terms of this Contract are encouraged to review Executive Order 24 and NCGS
<br /> unless stated to be such in writing, signed by an Sec . 133 -32 ,
<br /> authorized representative of the Recipient and the
<br /> Subrecipient and attached to the contract . Executive Order 24 also encouraged and invited other
<br /> State Agencies to implement the requirements and
<br /> Availability of Funds : The parties to this Contract agree prohibitions of the Executive Order to their agencies ,
<br /> and understand that the payment of the sums specified in Vendors and contractors should contact other State
<br /> this Contract is dependent and contingent upon and Agencies to determine if those agencies have adopted
<br /> subject to the appropriation, allocation, and availability of Executive Order 24 . "
<br /> funds for this purpose to the Recipient .
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