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4 <br /> "Financial Statement" means a report providing financial statistics relative to a given part of an <br /> organization's operations or status. <br /> "Grant"means financial assistance provided by DNCR to an eligible grantee to carry out the activities <br /> and purpose identified in this Contract. <br /> "Grantee"means an entity that receives State financial assistance. <br /> "Non-State Entity"has the meaning in G.S. 143C-1-1(d)(18). <br /> "Single Audit" means an audit that includes an examination of an organization's financial statements, <br /> internal controls, and compliance with the requirements of Federal or State awards. <br /> "State financial assistance" means State funds disbursed as a grant, cooperative agreement, non-cash <br /> contribution, food commodities, or direct appropriation to a grantee or subrecipient as defined in this <br /> Contract. <br /> "Special Appropriation"means a legislative act authorizing the expenditure of a designated amount of <br /> public funds for a specific purpose. <br /> "State Funds" means any funds appropriated by the North Carolina General Assembly or collected by <br /> the State of North Carolina. State funds include federal financial assistance received by the State and <br /> transferred or disbursed to non-State entities. Both Federal and State funds maintain their identity as <br /> they are disbursed as financial assistance to other organizations. <br /> "Subrecipient"means a non-State entity that receives State financial assistance from a Grantee to carry <br /> out part of a State program;but does not include an individual that is a beneficiary of such program. <br /> GENERAL TERMS AND CONDITIONS <br /> I. Choice of Law: The validity of this Contract and any of its terms or provisions, as well as the rights <br /> and duties of the Parties to this Contract, are governed by the laws of North Carolina. The Grantee,by <br /> signing this Contract, agrees and submits, solely for matters concerning this Contract,to the exclusive <br /> jurisdiction of the courts of North Carolina and agrees,solely for such purpose,that the exclusive venue <br /> for any legal proceedings shall be Wake County, North Carolina. The place of this Contract and all <br /> transactions and understandings relating to it, and their situs and forum, shall be Wake County,North <br /> Carolina,where all matters shall be determined. <br /> 2. Grantee's Duties:The Grantee shall provide the services as described in Attachment A,Scope of Work <br /> and Description of Services and in accordance with the approved budget in Attachment B. The Grantee <br /> may make line-item adjustments of less than ten percent(10%)for budgeted expenditures without prior <br /> approval from the Agency,except if the adjustment would exceed the total grant amount. <br /> For line-item adjustments of ten percent (10%) or more for budgeted expenditures, the Grantee shall <br /> submit a written request for approval to the Agency and include a justification for the adjustment.Line- <br /> item adjustments requiring approval shall be effective only upon a dually executed amendment between <br /> the parties, in accordance with the terms of this Contract. <br /> Amendments executed under this Paragraph shall include the new line-item adjustment(s)(Attachment <br /> B) and any changes in the Scope of Work and Description of Services (Attachment A) related to the <br /> duties and services affected by the line-item adjustment. An amendment that fails to comply with the <br /> Page 2 of 14 <br />