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DocuSign Envelope ID:502E262B-12B8-4E26-A3B9-A519026ACBC6
<br /> Contract Number 00042091 /Page 7 of 26
<br /> guarantees,and warranties contained herein shall survive During the performance of this contract, the contractor is
<br /> the contract expiration or termination date unless to notify the Division contract administrator of any contact
<br /> specifically provided otherwise herein, or unless by the federal Office for Civil Rights (OCR) received by
<br /> superseded by applicable Federal or State statutes of the contractor.
<br /> limitation.
<br /> Cost Borne by Contractor: If any applicable federal,
<br /> Intellectual Property Rights state,or local law, regulation,or rule requires the Division
<br /> or the Contractor to give affected persons written notice
<br /> Copyrights and Ownership of Deliverables: All of a security breach arising out of the Contractor's
<br /> deliverable items produced pursuant to this contract are performance under this contract,the Contractor shall bear
<br /> the exclusive property of the Division. The Contractor the cost of the notice.
<br /> shall not assert a claim of copyright or other property
<br /> interest in such deliverables. Oversight
<br /> Compliance with Applicable Laws Access to Persons and Records: The State Auditor
<br /> shall have access to persons and records as a result of
<br /> Compliance with Laws: The Contractor shall comply all contracts or grants entered into by State agencies or
<br /> with all laws, ordinances, codes, rules, regulations, and political subdivisions in accordance with General Statute
<br /> licensing requirements that are applicable to the conduct 147-64.7. Additionally, as the State funding authority, the
<br /> of its business, including those of federal, state, and local Department of Health and Human Services shall have
<br /> agencies having jurisdiction and/or authority. access to persons and records as a result of all contracts
<br /> or grants entered into by State agencies or political
<br /> Equal Employment Opportunity: The Contractor shall subdivisions.
<br /> comply with all federal and State laws relating to equal
<br /> employment opportunity. Record Retention: Records shall not be destroyed,
<br /> purged or disposed of without the express written consent
<br /> Health Insurance Portability and Accountability Act of the Division. State basic records retention policy
<br /> (HIPAA): The Contractor agrees that, if the Division requires all grant records to be retained for a minimum of
<br /> determines that some or all of the activities within the five years or until all audit exceptions have been resolved,
<br /> scope of this contract are subject to the Health Insurance whichever is longer. If the contract is subject to Federal
<br /> Portability and Accountability Act of 1996,P.L. 104-91,as policy and regulations, record retention may be longer
<br /> amended("HIPAA"),or its implementing regulations,it will than five years. Records must be retained for a period of
<br /> comply with the HIPAA requirements and will execute three years following submission of the final Federal
<br /> such agreements and practices as the Division may Financial Status Report, if applicable, or three years
<br /> require to ensure compliance. following the submission of a revised final Federal
<br /> Financial Status Report. Also, if any litigation, claim,
<br /> Confidentiality negotiation, audit, disallowance action, or other action
<br /> involving this Contract has been started before expiration
<br /> Confidentiality: Any information, data, instruments, of the five-year retention period described above, the
<br /> documents, studies or reports given to or prepared or records must be retained until completion of the action
<br /> assembled by the Contractor under this agreement shall and resolution of all issues which arise from it, or until the
<br /> be kept as confidential and not divulged or made available end of the regular five-year period described above,
<br /> to any individual or organization without the prior written whichever is later. The record retention period for
<br /> approval of the Division. The Contractor acknowledges Temporary Assistance for Needy Families (TANF) and
<br /> that in receiving, storing, processing or otherwise dealing MEDICAID and Medical Assistance grants and programs
<br /> with any confidential information it will safeguard and not must be retained for a minimum of ten years.
<br /> further disclose the information except as otherwise
<br /> provided in this contract.
<br /> Data Security:The Contractor shall adopt and apply data
<br /> security standards and procedures that comply with all
<br /> applicable federal, state, and local laws, regulations, and
<br /> rules.
<br /> Duty to Report: The Contractor shall report a suspected
<br /> or confirmed security breach to the Division's Contract
<br /> Administrator within twenty-four (24) hours after the
<br /> breach is first discovered, provided that the Contractor
<br /> shall report a breach involving Social Security
<br /> Administration data or Internal Revenue Service data
<br /> within one (1) hour after the breach is first discovered.
<br /> NCDHHS TC1010 (General Terms and Conditions) (Local Government)(Rev. 11.01.15)
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