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FY 2025 Special Section 5333 (b) Warranty 12 <br /> residence back to the original point of employment, the Recipient shall assume the <br /> expenses, losses and costs of moving to the same extent provided in subparagraph (a) of this <br /> paragraph (11) and paragraph (12)(a) hereof. <br /> (11)(c) No claim for reimbursement shall be paid under the provisions of this paragraph <br /> unless such claim is presented to the Recipient in writing within ninety (90) days after the <br /> date on which the expenses were incurred. <br /> (11)(d) Except as otherwise provided in subparagraph (b), changes in place of residence, <br /> subsequent to the initial changes as a result of the Project, which are not a result of the <br /> Project but grow out of the normal exercise of seniority rights, shall not be considered within <br /> the purview of this paragraph. <br /> (12)(a) The following conditions shall apply to the extent they are applicable in each instance <br /> to any employee who is retained in the service of the employer (or who is later restored to <br /> service after being entitled to receive a dismissal allowance), who is required to change the <br /> point of his/her employment as a result of the Project and is thereby required to move <br /> his/her place of residence. <br /> If the employee owns his/her own home in the locality from which the employee is required <br /> to move, the employee shall, at the employee's option, be reimbursed by the Recipient for <br /> any loss suffered in the sale of the employee's home for less than its fair market value, plus <br /> conventional fees and closing costs, such loss to be paid within thirty (30) days of settlement <br /> or closing on the sale of the home. In each case, the fair market value of the home in <br /> question shall be determined, as of a date sufficiently prior to the date of the Project, so as <br /> to be unaffected thereby. The Recipient shall, in each instance, be afforded an opportunity <br /> to purchase the home at such fair market value before it is sold by the employee to any <br /> other person and to reimburse the seller for his/her conventional fees and closing costs. <br /> If the employee is under a contract to purchase his/her home, the Recipient shall protect the <br /> employee against loss under such contract, and in addition, shall relieve the employee from <br /> any further obligation thereunder. <br /> If the employee holds an unexpired lease of a dwelling occupied as the employee's home, <br /> the Recipient shall protect the employee from all loss and cost in securing the cancellation of <br /> said lease. <br /> (12)(b) No claim for loss shall be paid under the provisions of this paragraph unless such <br /> claim is presented to the Recipient in writing within one year after the effective date of the <br /> change in residence. <br /> (12)(c) Should a controversy arise in respect to the value of the home, the loss sustained in <br /> its sale, the loss under a contract for purchase, loss and cost in securing termination of a <br /> lease, or any other question in connection with these matters, it shall be decided through a <br /> 9 <br /> NCDOT-IMD <br /> March 5,2024 <br />