2020-896-E Housing - NC Dept of Health and Human Services CARES Act funding

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DocuSign Envelope ID: BOFE06B7-7OC7-44D2-A46C-D41E904EED9B Contract Number 00041659/ Page 8 of 22 Miscellaneous or phrase shall be read to include the plural and vice versa. Choice of Law: The validity of this contract and any of its terms or provisions, as well as the rights and duties of the Time of the Essence: Time is of the essence in the parties to this contract, are governed by the laws of North performance of this contract. Carolina. The Contractor, by signing this contract, agrees and submits, solely for matters concerning this Contract, Key Personnel: The Contractor shall not replace any of to the exclusive jurisdiction of the courts of North Carolina the key personnel assigned to the performance of this and agrees, solely for such purpose, that the exclusive contract without the prior written approval of the Division. venue for any legal proceedings shall be Wake County, The term "key personnel" includes any and all persons North Carolina. The place of this contract and all identified as such in the contract documents and any transactions and agreements relating to it, and their sites other persons subsequently identified as key personnel and forum, shall be Wake County, North Carolina, where by the written agreement of the parties. all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and Care of Property: The Contractor agrees that it shall be enforcement shall be determined. responsible for the proper custody and care of any property furnished to it for use in connection with the Amendment:This contract may not be amended orally or performance of this contract and will reimburse the by performance. Any amendment must be made in Division for loss of, or damage to, such property. At the written form and executed by duly authorized termination of this contract, the Contractor shall contact representatives of the Division and the Contractor. The the Division for instructions as to the disposition of such Purchase and Contract Divisions of the NC Department property and shall comply with these instructions. of Administration and the NC Department of Health and Human Services shall give prior approval to any Travel Expenses: Reimbursement to the Contractor for amendment to a contract awarded through those offices. travel mileage, meals, lodging and other travel expenses incurred in the performance of this contract shall not Severability: In the event that a court of competent exceed the rates published in the applicable State rules jurisdiction holds that a provision or requirement of this or approved local government travel policy. International contract violates any applicable law, each such provision travel shall not be reimbursed under this contract. or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise Sales/Use Tax Refunds: If eligible, the Contractor and unenforceable and all other provisions and requirements all subcontractors shall: (a) ask the North Carolina of this contract shall remain in full force and effect. Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this contract, Headings: The Section and Paragraph headings in these pursuant to G.S. 105-164.14; and (b) exclude all General Terms and Conditions are not material parts of refundable sales and use taxes from all reportable the agreement and should not be used to construe the expenditures before the expenses are entered in their meaning thereof. reimbursement reports. Gender and Number: Masculine pronouns shall be read Advertising: The Contractor shall not use the award of to include feminine pronouns and the singular of any word this contract as a part of any news release or commercial advertising. NCDHHS TC1010 (General Terms and Conditions) (Local Government) (Rev. 11.01.15)