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_____________________________________________________________________________ <br />State Centric MOA 4393-0083-F Orange County <br /> <br />10 <br /> <br />and materials are incorporated by reference into this Agreement as if fully <br />set out herein. The lack of accuracy thereof or any material changes shall, <br />at the option of the State and with thirty (30) days written notice to the <br />County, cause the termination of this Agreement and the release of the <br />State from all its obligations to the County. <br /> <br />(b) This Agreement shall be construed under the laws of the State of North <br />Carolina and venue for any actions arising out of this Agreement shall be <br />filed in State Court in Wake County, North Carolina. If any provision <br />hereof is in conflict with any applicable statute or rule, or is otherwise <br />unenforceable, then such provision shall be deemed null and void to the <br />extent of such conflict, and shall be deemed severable, but shall not <br />invalidate any other provision of this Agreement. <br /> <br />(c) No waiver by the State of any right or remedy granted hereunder or failure <br />to insist on strict performance by the County shall affect or extend or act <br />as a waiver of any other right or remedy of the State hereunder, or affect <br />the subsequent exercise of the same right or remedy by the State for any <br />further or subsequent default by the County. Any power of approval or <br />disapproval granted to the State under the terms of this Agreement shall <br />survive the terms and life of this agreement as a whole. <br /> <br />(13) SUBCONTRACTS <br /> <br />(a) If the County subcontracts any or all of the tasks or work required under <br />this Agreement, the County agrees to include in the subcontract that the <br />subcontractor is bound by the terms and conditions of this Agreement with <br />the State. <br /> <br />(b) The County agrees to include in the subcontract that the subcontractor <br />shall hold the State and County harmless against all claims of whatever <br />nature arising out of the subcontractor's performance of work under this <br />Agreement, to the extent allowed and required by law. <br /> <br />(c) If the County subcontracts, a copy of the executed subcontract must be <br />forwarded to the State within ten (10) days of execution of said <br />subcontract. <br /> <br />(d) Contractual arrangement shall in no way relieve the County of its <br />responsibilities to ensure that all funds issued pursuant to this grant be <br />administered in accordance with all state and federal requirements. <br /> <br /> <br /> <br /> <br />DocuSign Envelope ID: 9080716C-121D-4F19-9E12-FB2684335DF5DocuSign Envelope ID: A02EDAA0-6072-4731-9C1B-857DF9D747A3