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Docusign Envelope ID: 50585F21 -A7384303-BD3F-60841076ED5E
<br /> Contract Number 00048145 / 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 superseded by applicable Federal or State statutes of federal Office for Civil Rights (OCR) received by the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 and/or 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://www. 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 ("HIPAA" ), 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. 8/24)
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