Agenda - 11-07-2024; 8-h - Acceptance of NC Department of Natural and Cultural Resources Grant – America 250 Program and Approval of Budget Amendment #2-E

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5 requirements of this Paragraph shall not be binding upon the parties.A violation of this Paragraph shall constitute a material breach and shall entitle the Agency to terminate the contract and pursue all rights and actions available to it under the law. 3. Grant Payments: Grant payments will be remitted based on the payment schedule included in Line- Item budget and Narrative(Attachment B). Upon successful submission of the grant report outlined in the payment schedule,Grantee may submit to Agency a request for payment according to the schedule. 4. No Employment Relationship Between State and Grantee: The Grantee is and shall be wholly responsible for the performance of this Contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees in the performance of this Contract. The Grantee's performance of this Contract does not create or establish any employment relationship,joint venture, or partnership between the Grantee and the State or the Agency. The Grantee represents that it has, or shall secure at its own expense, all personnel required to perform the services under this Contract. Such personnel of Grantee shall not be employees of, or have any individual contractual relationship with,the State or the Agency. 5. Assignment: No assignment of the Grantee's obligations or the Grantee's right to receive payment hereunder shall be permitted.However,upon written request approved by the Agency,the Agency may: (a) Forward the Grantee's payment check(s)directly to any person or entity designated by the Grantee; or (b) Include any person or entity designated by Grantee as a joint payee on the Grantee's payment check(s). In no event shall such approval and action obligate the Agency to anyone other than the Grantee and the Grantee shall remain responsible for fulfillment of all contract obligations. 6. Beneficiaries: Except as otherwise provided herein, this Contract shall inure to the benefit of and be binding upon the Parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Agency and the named Grantee.Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the Agency and Grantee that any such person or entity, other than the Agency or the Grantee,receiving services or benefits under this Contract shall be deemed an incidental beneficiary only. 7. Indemnification: To the extent permitted by law,the Grantee shall hold and save the State,its officers, agents, and employees,harmless from liability of any kind,including all claims and losses accruing or resulting to any other person,firm,or corporation furnishing or supplying work, services,materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person,firm,or corporation that may be injured or damaged by the Grantee in the performance of this Contract and that are attributable to the negligence or intentionally tortious acts of the Grantee. 8. Noncompliance and Use of Grant Funds: The Grantee may only use the grant funds disbursed hereto in the manner allowed under this Contract.The Agency will review reporting from the Grantee to ensure that grant fund expenditures meet the requirements of this Contract, as well as any applicable laws, rules, or regulations. If DNCR finds that the Grantee is noncompliant with any requirements of this Contract or law,DNCR will take action consistent with applicable laws and regulations,including,but not limited to,the requirements of 09 NCAC 03M .0801. Page 3 of 14