Orange County NC Website
the County nor the Provider shall assign or transfer its interest in this Agreement <br /> without the written consent of the other . <br /> b . Governing Law . This Agreement and the duties , responsibilities , obligations and rights <br /> of respective parties hereunder shall be governed by the laws of the State of North <br /> Carolina . By executing this Agreement Provider affirms that Provider and any <br /> subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter <br /> 64 of the North Carolina General Statutes . By executing this Agreement Provider <br /> certifies that Provider has not been identified , and has not utilized the services of any <br /> agent or subcontractor identified , on the list created by the State Treasurer pursuant to <br /> G . S . 147 - 86 . 58 . By executing this Agreement Provider certifies that Provider has not <br /> been identified , and has not utilized the services of any agent or subcontractor identified , <br /> on the list created by the State Treasurer pursuant to G . S . 147 - 86 . 81 . <br /> c . Anti -Discrimination . Provider shall at all times remain in compliance with all applicable <br /> local , state and federal laws , rules and regulations including but not limited to all state <br /> and federal anti - discrimination laws , policies , rules , regulations and the UNC - DH Anti - <br /> Discrimination Policies . Any violation of this requirement is a breach of this Agreement <br /> and County may immediately terminate this Agreement without further obligation on <br /> the part of the County . This paragraph is not intended to limit and does not limit the <br /> definition of breach to discrimination . <br /> d . Dispute Resolution . Any and all suits or actions to enforce , interpret or seek damages <br /> with respect to any provision of, or the performance or non -performance of, this <br /> Agreement shall be brought in the General Court of Justice of North Carolina sitting in <br /> Orange County , North Carolina . It is agreed by the parties that no other court shall <br /> ith respect to such suits or actions . The Parties may agree <br /> have jurisdiction or venue w <br /> to nonbinding mediation of any dispute prior to the bringing of such suit or action . <br /> e . Entire Agreement . This Agreement represents the entire and integrated agreement <br /> between the County and the Provider and supersedes all prior negotiations , <br /> representations or agreements , either written or oral . This Agreement may be amended <br /> only by written instrument signed by both parties . Modifications may be evidenced by <br /> facsimile signatures . <br /> f. Nondiscrimination . OCHD hereby agrees with the University that , in their educational <br /> and/or employment practices , OCHD and the University will comply with such state <br /> and federal non - discrimination laws as may be applicable to it in the performance of <br /> this Agreement . <br /> g . Conduct of Service . The Department shall abide by pertinent rules and regulations of <br /> OCHD , Orange County , and the North Carolina Department of Health and Human <br /> Services in the conduct of service . <br /> h . Confidentiality . The University , the Department and OCHD shall comply with such <br /> confidentiality laws as may be applicable in the performance of this Agreement and <br /> acknowledge that in receiving , storing , processing or otherwise dealing with any <br /> confidential information , they will safeguard and not further disclose the information <br /> except as permitted by the Health Insurance Portability and Accountability Act of 1996 , <br /> Public Law 104 - 191 , as amended , and the provisions of the Business Associate <br /> Agreement which is attached hereto and incorporated herein by reference . <br /> 10 <br />