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Docusign Envelope ID:OB18F280-87A5-4A76-8CD5-OD6337C1BB4C
<br /> a breach involving Social Security Administration data or sequencing will support a four digit year format and will
<br /> Internal Revenue Service data within one (1)hour after the provide accurate date/time data and leap year
<br /> breach is first discovered. During the performance of this calculations. This warranty shall survive the termination
<br /> contract, the contractor is to notify the County contract or expiration of this contract.
<br /> administrator of any contact by the federal Office for Civil
<br /> Rights(OCR)received by the contractor. Certification Regarding Collection of Taxes: G.S. 143-
<br /> Cost Borne by Contractor:If any applicable federal,state, 59.1 bars the Secretary of Administration from entering
<br /> or local law, regulation, or rule requires the County or the into contracts with vendors that meet one of the conditions
<br /> Contractor to give affected persons written notice of a of G.S. 105-164.8(b)and yet refuse to collect use taxes on
<br /> security breach arising out of the Contractor's performance sales of tangible personal property to purchasers in North
<br /> under this contract,the Contractor shall bear the cost of the Carolina. The conditions include: (a) maintenance of a
<br /> notice. retail establishment or office; (b) presence of
<br /> representatives in the State that solicit sales or transact
<br /> Oversight business on behalf of the vendor; and (c) systematic
<br /> exploitation of the market by media-assisted, media-
<br /> Access to Persons and Records: The State Auditor shall facilitated, or media-solicited means. The Contractor
<br /> have access to persons and records as a result of all certifies that it and all of its affiliates (if any) collect all
<br /> contracts or grants entered into by State agencies or required taxes.
<br /> political subdivisions in accordance with General Statute
<br /> 147-64.7. Additionally,as the State funding authority,the E-Verify
<br /> Department of Health and Human Services shall have
<br /> access to persons and records as a result of all contracts Pursuant to G.S. 143-48.5, the undersigned hereby
<br /> or grants entered into by State agencies or political certifies that the Contractor named below, and the
<br /> subdivisions. Contractor's subcontractors, complies with the
<br /> requirements of Article 2 of Chapter 64 of the NC General
<br /> Record Retention: Records shall not be destroyed, Statutes.
<br /> purged or disposed of without the express written consent
<br /> of the Division. State basic records retention policy Miscellaneous
<br /> requires all grant records to be retained for a minimum of
<br /> five years or until all audit exceptions have been resolved, Choice of Law: The validity of this contract and any of
<br /> whichever is longer. If the contract is subject to federal its terms or provisions, as well as the rights and duties of
<br /> policy and regulations, record retention may be longer the parties to this contract, are governed by the laws of
<br /> than five years since records must be retained for a period North Carolina. The Contractor, by signing this contract,
<br /> of three years following submission of the final Federal agrees and submits, solely for matters concerning this
<br /> Financial Status Report, if applicable, or three years Contract, to the exclusive jurisdiction of the courts of
<br /> following the submission of a revised final Federal North Carolina and agrees, solely for such purpose, that
<br /> Financial Status Report. Also, if any litigation, claim, the exclusive venue for any legal proceedings shall be
<br /> negotiation, audit, disallowance action, or other action Orange County,North Carolina.The place of this contract
<br /> involving this Contract has been started before expiration and all transactions and agreements relating to it,and their
<br /> of the five-year retention period described above, the situs and forum, shall be Orange County,North Carolina,
<br /> records must be retained until completion of the action where all matters, whether sounding in contract or tort,
<br /> and resolution of all issues which arise from it,or until the relating to the validity, construction, interpretation, and
<br /> end of the regular five-year period described above, enforcement shall be determined.
<br /> whichever is later. The record retention period for
<br /> Temporary Assistance for Needy Families (TANF) and Amendment: This contract may not be amended orally
<br /> MEDICAID and Medical Assistance grants and programs or by performance. Any amendment must be made in
<br /> must be retained for a minimum of ten years. written form and executed by duly authorized
<br /> representatives of the County and the Contractor.
<br /> Warranties and Certifications
<br /> Severability: In the event that a court of competent
<br /> Date and Time Warranty: The Contractor warrants that jurisdiction holds that a provision or requirement of this
<br /> the product(s) and service(s) furnished pursuant to this contract violates any applicable law, each such provision
<br /> contract ("product" includes, without limitation, any or requirement shall continue to be enforced to the extent
<br /> piece of equipment, hardware, firmware, middleware, it is not in violation of law or is not otherwise
<br /> custom or commercial software, or internal components, unenforceable and all other provisions and requirements
<br /> subroutines, and interfaces therein)that perform any date of this contract shall remain in full force and effect.
<br /> and/or time data recognition function, calculation, or
<br /> General Terms and Conditions—(06/16) Page 4 of 5
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