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DocuSign Envelope ID:78958EB7-5B02-4CA0-8EAF-F3E892A7B33B <br /> Appendix B <br /> NC State University <br /> Cost Reimbursement Terms and Conditions <br /> for NC DOT CFAT Subawards(version 05-2019) <br /> c. Protection of wetlands EO 11990 <br /> d. Evaluation of flood hazards in flood plains EO 11988 <br /> e. Assure project consistency under Costal Zone Management Act of 1972 16 USC 1451 <br /> f. Endangered Species Act of 1973, as amended PL 93-205 <br /> g. National Historic Preservation Act of 1966, 16 USC470, EO1 1593 <br /> h. Lead-Based Paint Poisoning Prevention Act 42 USC 4801 <br /> i. Requirements governing the applicable Grant Program <br /> 24. Subrecipient shall comply with the requirements of the law(23 USC 3 I 3) and the <br /> regulation (235 CFR 635.410) Buy America unless a waiver is obtained from the FHWA. <br /> (Abbreviations: CFR="Code of Federal Regulations," USC="United States Code," E.O. ="Executive <br /> Order,"OMB ="Office of Management and Budget") <br /> 12, Termination. <br /> A. University and Subrecipient have the right to terminate the Subaward in whole or <br /> in part, without cause, with 30 days advance written notice to the other party. <br /> B. The Subrecipient must stop work to the extent specified in the Notice of <br /> Termination on the date such notice is received from or issued to University. <br /> Subrecipient may not place any orders or subcontracts for materials, services, or facilities, <br /> except as may be necessary for the completion of such portion of the work that is not <br /> terminated. University agrees to reimburse the Subrecipient for all allowable costs of the <br /> work that has been performed prior to said notice of termination and all obligations <br /> relating to such work that cannot be canceled. <br /> 13. Liability. Each party is responsible for its negligent acts or omissions and the negligent <br /> acts or omissions of its employees, officers, or directors, to the extent allowed by <br /> applicable law. <br /> 14. Notices. Unless otherwise provided in the SN, official notices, from either party to the <br /> other, shall be deemed to have been fully given when made in writing, addressed/delivered <br /> to the individual shown on the SN, Block#1 I for Subrecipient and Block#14 for <br /> University. The parties agree that the following methods are acceptable for delivering <br /> official notices: Certified mail, return receipt requested, electronic mail with confirmation <br /> of receipt, Express courier service (e.g. FedEx or UPS) or fax with confirmation of <br /> receipt. <br /> 15. Assignment and Subcontracting. Subrecipient may not assign the Subaward nor any <br /> right, remedy, obligation or liability arising there under or by reason thereof nor may <br /> Subrecipient further subcontract any of the work to be performed under the Subaward <br /> without prior written approval from University. <br /> 16. Use of Names. Either party may use the name of the other in a public announcement of <br /> the existence of the Subaward. Other than that, neither party to the Agreement may use <br /> the names, marks or symbols of the other or of the other party's employees in any manner, <br /> 2 Appendix B NCSU CR T&C's for NC DOT revised 5.10.19 Page 5 of 9 <br />