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<br /> 17. Record Retention: Records shall not be destroyed, purged or disposed of without the express written consent
<br /> of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of
<br /> five years or until all audit exceptions have been resolved, whichever is longer. If the Contract is subject to
<br /> Federal policy and regulations, record retention may be longer than five years since records must be retained
<br /> for a period of three years following submission of the final Federal Financial Status Report, if applicable, or
<br /> three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation,
<br /> claim, negotiation, audit, disallowance action, or other action involving this Contract has been started before
<br /> expiration of the five-year retention period described above, the records must be retained until completion of
<br /> the action and resolution of all issues which arise from it, or until the end of the regular five-year period
<br /> described above, whichever is later.
<br /> 18. Amendment:This Contract may not be amended orally or by performance. Any amendment must be made in
<br /> written form and executed by duly authorized representatives of the Agency and the Grantee.
<br /> 19. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this
<br /> Contract violates any applicable law, each such provision or requirement shall continue to be enforced to the
<br /> extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements
<br /> of this Contract shall remain in full force and effect.
<br /> 20. Headings:The Section and Paragraph headings in these General Terms and Conditions are not material parts of
<br /> the agreement and should not be used to construe the meaning thereof.
<br /> 21. Travel Expenses: Travel expenses shall not be reimbursed in the performance of this Contract. If travel is
<br /> necessary in the performance of this Contract, it shall be included in the approved project budget and narrative.
<br /> 22. Sales/Use Tax Refunds: If eligible,the Grantee and all subgrantees shall: (a) ask the North Carolina Department
<br /> of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to
<br /> N.C.G.S. 105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before
<br /> the expenses are entered in their reimbursement reports.
<br /> 23. Entire Agreement:This Contract and any documents incorporated specifically by reference represent the entire
<br /> agreement between the Parties and supersede all prior oral or written statements or agreements. This Request
<br /> for Proposals, any addenda thereto, and the offeror's proposal are incorporated herein by reference as though
<br /> set forth verbatim. All promises, requirements,terms, conditions, provisions, representations,guarantees, and
<br /> warranties contained herein shall survive the contract expiration or termination date unless specifically
<br /> provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.
<br /> 24. By Executive Order 24, issued by Governor Perdue, and N.C.G.S. §133-32, it is unlawful for any vendor or
<br /> contractor (i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord,
<br /> offeror, seller, subcontractor, supplier, or vendor) to make gifts or to give favors to any State employee of the
<br /> Governor's Cabinet Agencies (i.e. Administration, Commerce, Correction, Crime Control and Public Safety,
<br /> Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and
<br /> Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers
<br /> those vendors and contractors who:
<br /> (1) have a contract with a government agency; or
<br /> (2) have performed under such a contract within the past year; or
<br /> (3) anticipate bidding on such a contract in the future.
<br /> For additional information regarding the specific requirements and exemptions, vendors and contractors are
<br /> encouraged to review Executive Order 24 and G.S. Sec. 133-32.
<br /> Rev. 07/2024 Governmental 5 of 8
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