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General Terms and Conditions – (06/16) Page 3 of 5
<br />specified in this contract is dependent and contingent
<br />upon and subject to the appropriation, allocation, and
<br />availability of funds for this purpose to the County.
<br />
<br />Force Majeure: Neither party shall be deemed to be
<br />in default of its obligations hereunder if and so long
<br />as it is prevented from performing such obligations by
<br />any act of war, hostile foreign action, nuclear
<br />explosion, riot, strikes, civil insurrection, earthquake,
<br />hurricane, tornado, or other catastrophic natural
<br />event or act of God.
<br />
<br />Survival of Promises: All promises, requirements,
<br />terms, conditions, provisions, representations,
<br />guarantees, and warranties contained herein shall
<br />survive the contract expiration or termination date
<br />unless specifically provided otherwise herein, or
<br />unless superseded by applicable Federal or State
<br />statutes of limitation.
<br />
<br />Intellectual Property Rights
<br />
<br />Copyrights and Ownership of Deliverables: All
<br />deliverable items produced pursuant to this contract
<br />are the exclusive property of the County. The
<br />Contractor shall not assert a claim of copyright or
<br />other property interest in such deliverables.
<br />
<br />Federal Intellectual Property Bankruptcy
<br />Protection Act: The Parties agree that the County
<br />shall be entitled to all rights and benefits of the
<br />Federal Intellectual Property Bankruptcy Protection
<br />Act, Public Law 100-506, codified at 11 U.S.C. 365
<br />(n) and any amendments thereto.
<br />
<br />Compliance with Applicable Laws
<br />
<br />Compliance with Laws: The Contractor shall
<br />comply with all laws, ordinances, codes, rules,
<br />regulations, and licensing requirements that are
<br />applicable to the conduct of its business, including
<br />those of federal, state, and local agencies having
<br />jurisdiction and/or authority. By executing this
<br />Agreement Provider certifies that Provider has
<br />not been identified, and has not utilized the
<br />services of any agent or subcontractor, on the list
<br />created by the State Treasurer pursuant to G.S.
<br />147-86.58.
<br />
<br />Title VI, Civil Rights Compliance: In accordance
<br />with Federal law and U.S. Department of Agriculture
<br />(USDA) and U.S. Department of Health and Human
<br />Services (HHS) policy, this institution is prohibited
<br />from discriminating on the basis of race, color,
<br />national origin, sex, age or disability. Under the Food
<br />Stamp Act and USDA policy, discrimination is
<br />prohibited also on the basis of religion or political
<br />beliefs.
<br />
<br />Equal Employment Opportunity: The Contractor
<br />shall comply with all federal and State laws relating to
<br />equal employment opportunity.
<br />
<br />Health Insurance Portability and Accountability
<br />Act (HIPAA): The Contractor agrees that, if the
<br />County determines that some or all of the activities
<br />within the scope of this contract are subject to the
<br />Health Insurance Portability and Accountability Act
<br />of 1996, P.L. 104-91, as amended (“HIPAA”), or its
<br />implementing regulations, it will comply with the
<br />HIPAA requirements and will execute such
<br />agreements and practices as the County may
<br />require to ensure compliance.
<br />
<br />(a) Data Security: The Contractor shall adopt
<br />and apply data security standards and
<br />procedures that comply with all applicable
<br />federal, state and local laws, regulations,
<br />and rules.
<br />
<br />(b) Duty to Report: The Contractor shall report
<br />a suspected or confirmed security breach to
<br />the local Department of Social Services
<br />Contract Administrator within twenty-four
<br />(24) hours after the breach is first
<br />discovered, provided that the Contractor
<br />shall report a breach involving Social
<br />Security Administration data or Internal
<br />Revenue Service Data within one (1) hour
<br />after the breach is first discovered.
<br />
<br />(c) Cost Borne by Contractor: If any applicable
<br />federal, state, or local law, regulation or rule
<br />requires the Contractor give written notice of
<br />a security breach to affected persons, the
<br />Contract shall bear the cost of the notice.
<br />
<br />Trafficking Victims Protection Act of 2000:
<br />The Contractor will comply with the requirements of
<br />Section 106(g) of the Trafficking Victims Protection
<br />Act of 2000, as amended (22 U.S.C. 7104)
<br />
<br />Executive Order # 24: It is unlawful for any
<br />vendor, contractor, subcontractor or supplier of the
<br />state to make gifts or to give favors to any state
<br />employee. For additional information regarding the
<br />specific requirements and exemptions, contractors
<br />are encouraged to review Executive Order 24 and
<br />G.S. Sec. 133-32.
<br />
<br />Confidentiality
<br />
<br />DocuSign Envelope ID: 80FAA64D-D4E1-4D56-8F3D-32DFBE60990E
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