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Docnsign Envelope ID=50585F21-A73&4303-BD3F-60841076ED5E
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<br /> Contract Number 000481451 Page 7 of 30
<br /> superseded by applicable Federal or State statutes of federal Office for Civil Rights (OCR) received by the
<br /> limitation. grantee.
<br /> Intellectual Property Rights Cost Borne by Grantee: If any applicable federal, state,
<br /> or local law, regulation,or rule requires the Division or the
<br /> Copyrights and Ownership of Deliverables: All Grantee to give affected persons written notice of a
<br /> deliverable items produced pursuant to this contract are security breach arising out of the Grantee's performance
<br /> the exclusive property of the Division. The Grantee shall under this contract,the Grantee shall bear the cost of the
<br /> not assert a claim of copyright or other property interest in notice.
<br /> such deliverables.
<br /> Oversight
<br /> Compliance with Applicable Laws
<br /> Access to Persons and Records: The State Auditor
<br /> Compliance with Laws: The Grantee shall comply with shall have access to persons and records as a result of
<br /> all laws, ordinances, codes, rules, regulations, and all contracts or grants entered into by State agencies or
<br /> licensing requirements that are applicable to the conduct political subdivisions in accordance with General Statute
<br /> of its business, including those of federal, state,and local 147-64.7.Additionally, as the State funding authority,the
<br /> agencies having jurisdiction andlor authority. Department of Health and Human Services shall have
<br /> access to persons and records as a result of all contracts
<br /> Equal Employment Opportunity: The Grantee shall or grants entered into by State agencies or political
<br /> comply with all federal and State laws relating to equal subdivisions.
<br /> employment opportunity.
<br /> Record Retention: See schedule for record retention for
<br /> Health Insurance Portability and Accountability Act instructions on disposal timeframes.
<br /> (HIPAA): The Grantee agrees that, if the Division (https:llwww.ncdhhs.gov/aboutladministrative-
<br /> determines that some or all of the activities within the offices/office-controller/records-retention)
<br /> scope of this contract are subject to the Health Insurance
<br /> Portability and Accountability Act of 1996, P.L. 104-91, as Miscellaneous
<br /> amended("HIPAK),or its implementing regulations,it will
<br /> comply with the HIPAA requirements and will execute Choice of Law: The validity of this contract and any of its
<br /> such agreements and practices as the Division may terms or provisions, as well as the rights and duties of the
<br /> require to ensure compliance. parties to this contract, are governed by the laws of North
<br /> Carolina. The Grantee, by signing this contract, agrees
<br /> Confidentiality and submits, solely for matters concerning this Contract,
<br /> to the exclusive jurisdiction of the courts of North Carolina
<br /> Confidentiality: Any information, data, instruments, and agrees, solely for such purpose, that the exclusive
<br /> documents, studies or reports given to or prepared or venue for any legal proceedings shall be Wake County,
<br /> assembled by the Grantee under this agreement shall be North Carolina. The place of this contract and all
<br /> kept as confidential and not divulged or made available to transactions and agreements relating to it, and their situs
<br /> any individual or organization without the prior written and forum, shall be Wake County, North Carolina,where
<br /> approval of the Division.The Grantee acknowledges that all matters, whether sounding in contract or tort, relating
<br /> in receiving, storing, processing or otherwise dealing with to the validity, construction, interpretation, and
<br /> any confidential information it will safeguard and not enforcement shall be determined.
<br /> further disclose the information except as otherwise
<br /> provided in this contract. Amendment:This contract may not be amended orally or
<br /> by performance. Any amendment must be made in
<br /> Data Security: The Grantee shall adopt and apply data written form and executed by duly authorized
<br /> security standards and procedures that comply with all representatives of the Division and the Grantee. The
<br /> applicable federal, state, and local laws, regulations, and Purchase and Contract Divisions of the NC Department
<br /> rules. of Administration and the NC Department of Health and
<br /> Human Services shall give prior approval to any
<br /> Duty to Report: The Grantee shall report a suspected or amendment to a contract awarded through those offices.
<br /> confirmed security breach to the Division's Contract
<br /> Administrator within twenty-four (24) hours after the Severability: In the event that a court of competent
<br /> breach is first discovered, provided that the Grantee shall jurisdiction holds that a provision or requirement of this
<br /> report a breach involving Social Security Administration contract violates any applicable law, each such provision
<br /> data or Internal Revenue Service data within one(1)hour or requirement shall continue to be enforced to the extent
<br /> after the breach is first discovered. During the it is not in violation of law or is not otherwise
<br /> performance of this contract, the grantee is to notify the unenforceable and all other provisions and requirements
<br /> Division contract administrator of any contact by the of this contract shall remain in full force and effect.
<br /> NCDHHS TC1010 (General Terms and Conditions)(Local Government) (Rev. 8124)
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