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<br /> AOC 7772 INITIALS Revised 05/2018
<br /> appropriated by Congress for these grants are subsequently reduced by further acts of Congress,
<br /> funding to the Agency may be proportionately reduced.
<br /> (b) State Funding. The Agency agrees and understands that continuation of this project with funds from
<br /> the State of North Carolina is contingent upon State funds being appropriated by the General
<br /> Assembly specifically for that purpose. The Agency also agrees that any state funds received under
<br /> this contract are subject to the same terms and conditions stated in this Agreement.
<br /> 21. Performance. All grants provided by the Governor's Highway Safety Program are performance-based
<br /> and, as such, require that continual progress be made toward the reduction of the number and severity of
<br /> traffic crashes. Any agency, whose performance is deemed unsatisfactory by the GHSP, shall be subject
<br /> to the sanctions as provided for in this contract. Additionally, unsatisfactory performance shall be cause
<br /> for the Department to reduce or deny future funding.
<br /> 22. Resolution of Disputes. Any dispute concerning a question of fact in connection with the work not
<br /> disposed of by contract by and between the Agency and the Department, or otherwise arising between
<br /> the parties to this contract, shall be referred to the Secretary of the North Carolina Department of
<br /> Transportation and the authorized official of the Agency for a negotiated settlement. In any dispute
<br /> concerning a question of fact in connection with the project where such negotiated settlement cannot be
<br /> resolved in a timely fashion, the final decision regarding such dispute shall be made by the Secretary of
<br /> the North Carolina Department of Transportation, with the concurrence of the Federal funding agency,
<br /> and shall be final and conclusive for all parties.
<br /> 23. Department Held Harmless.
<br /> (a) For State Agencies. Subject to the limitations of the North Carolina Tort Claims Act, the Agency shall
<br /> be responsible for its own negligence and holds harmless the Department, its officers, employees, or
<br /> agents, from all claims and liability due to its negligent acts, or the negligent acts of its
<br /> subcontractors, agents, or employees in connection with their services under this contract.
<br /> (b) For Agencies Other Than State Agencies. The Agency shall be responsible for its own negligence
<br /> and holds harmless the Department, its officers, employees, or agents, from all claims and liability
<br /> due to its negligent acts, or the negligent acts of its subcontractors, agents, or employees in
<br /> connection with their services under this contract.
<br /> 24. Records Access and Retention. The Agency shall provide all information and reports required by the
<br /> regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
<br /> other sources of information, and its facilities as may be determined by the Department, the State,
<br /> NHTSA, or FHWA, as appropriate, to be pertinent to ascertain compliance with such regulations, orders
<br /> and instructions. Furthermore, the Agency shall maintain such materials during the contract period, and
<br /> for five (5) years from the date of final payment from the Department or until all audit exceptions have
<br /> been resolved, for such inspection and audit. Where any information required of the Agency is in the
<br /> exclusive possession of another who fails or refuses to furnish this information,the Agency shall so certify
<br /> to the Department, State, NHTSA, or FHWA, as appropriate, and shall set forth what efforts it has made
<br /> to obtain the information. Pursuant to N.C.G.S. §147-64.7, the Department, the State Auditor, appropriate
<br /> federal officials, and their respective authorized employees or agents are authorized to examine all
<br /> books, records, and accounts of the Agency insofar as they relate to transactions with any department,
<br /> board, officer, commission, institution, or other agency of the State of North Carolina pursuant to the
<br /> performance of this Agreement or to costs charged to this Agreement.
<br /> 25. Sanctions for Non-Compliance. The applicant Agency agrees that if it fails or refuses to comply with
<br /> any provisions and assurances in this contract, the Department may take any or all of the following
<br /> actions:
<br /> (a) Cancel, terminate, or suspend this contract in whole or in part;
<br /> (b) Withhold reimbursement to the Agency until satisfactory compliance has been attained by the
<br /> Agency;
<br /> (c) Refrain from extending any further funding to the Agency under this contract with respect to which the
<br /> failure or refusal occurred until satisfactory assurance of future compliance has been received from
<br /> the Agency;
<br /> (d) Refer the case to the United States Department of Justice for appropriate legal proceedings.
<br /> 26. Cancellation, Termination, or Suspension of Contract.
<br /> (a) By the Department. For noncompliance with any of the said rules, regulations, orders or conditions,
<br /> due to management deficiencies or criminal activity this contract may be immediately canceled,
<br /> terminated, or suspended in whole or in part by the Department. For noncompliance not indicative of
<br /> management deficiencies or criminal activity the Department shall give sixty (60) days written notice
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