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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 /> B. The receiving party must use a reasonable degree of care to prevent the inadvertent, <br /> accidental, unauthorized or mistaken disclosure or use by its employees of confidential <br /> information disclosed hereunder. <br /> 22. Law and Severability. it is agreed that if either party is an agency of its respective state <br /> government, the applicable constitutional provisions or statutes that govern sovereign <br /> immunity shall dictate the appropriate forum and law governing substantive issues. <br /> Subrecipient agrees to comply with all relevant federal, state, county, and municipal <br /> executive orders, rules, regulations, laws and ordinances. In the event that any <br /> provision(s) of the Agreement are rendered void or illegal the remainder of its provisions <br /> shall remain in effect. Failure on the part of either party to exercise a right or remedy <br /> shall not preclude exercising them in the future. <br /> 23. Survivability. In the event of early termination of this Subaward, the parties agree that <br /> Articles 18 through 21 and the obligations inherent in them will survive the termination <br /> of this agreement for a minimum of 3 years. <br /> 24. Export Controls. The parties acknowledge that each is responsible for compliance with <br /> US Export Control regulations. In the event that either party becomes aware that the <br /> research work that is being or will be conducted, is or is likely to involve a technology <br /> that is subject to Export Controls, each party agrees to notify the other within three <br /> working days so that the situation can be evaluated and an appropriate course of action <br /> taken. <br /> 25. Non-Construction and Vehicle Procurement Projects. <br /> Example of non-construction projects that are eligible for funding include: <br /> *Alternate fuel and advanced technology vehicle conversions <br /> *Purchase of alternate fuel and advanced technology vehicles <br /> *Onboard Idle Reduction Technologies, such as idle reduction equipment and auxiliary <br /> power units <br /> *Diesel retrofits <br /> *Education and Outreach initiatives <br /> *This list is not inclusive and the University may implement other emerging technology <br /> projects with the prior review and approval of the NC DOT and FHWA. <br /> 26. Procurement of Goods and Services. <br /> In accordance with the 2 CFR 200 and the exemptions obtained by the US Department of <br /> Transportation, codified at 2 CFR 1201, the Subrecipient shall follow state regulations for <br /> procuring goods and services. <br /> Purchase of Vehicles <br /> 2 Appendix B NCSU CR T&C's for NC DOT revised 5,10,19 Page 8 of 9 <br />