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DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA
<br /> 24
<br /> CONTRACT NO.,.45615VW
<br /> VW-TRANSIT BUS PROGRAM
<br /> Attachment A
<br /> following completion of the contract or until any audits begun Time of the Essence:Time is of the essence in the performance
<br /> during this period are completed and findings resolved, of this Contract,
<br /> whichever is tater.
<br /> Care of Property: The Grantee agrees that it is responsible
<br /> Record Retention: The Grantee may not destroy, purge or for the proper custody and care of any State owned property
<br /> dinpose of records without the express written consent of the furnished him for use in connection with the performance of
<br /> Agency. State basic records retention policy requires all grant his contract and will reimburse the State for its loss or
<br /> records to be retained for a minimum of six(6)years or unt:�l at damage.
<br /> audit exceptions have been resolved,whichever is longer. If the
<br /> contract is subject to Federal policy and regulations, record Ownership of equipment purchased under this contract rests
<br /> retention may be longer than six(6)years since records mutt be with the Grantee. Upon approval of the Agency Contract
<br /> rel6ned for a period of three years following submission of the Administrator, such equipment may be retained by the
<br /> final Federal Financial Status Report,it applicable,or three years Grantee for the time the Grantee continues to provide
<br /> following the submission of a revised final Federal Financial services begun under this contract.
<br /> Status Report. Also,if any bligabon, claim, negotialon, audit,
<br /> dasallbwance action, or other action involving this Contract has Travel Expenses:All travel,lodgng,and subsistence costs are
<br /> started before expiration of the six (6) year retention period included in the contract total and no additional payments will be
<br /> described above,the records must be retabred unbi completion of made in excess of the contract amount indicated in above.
<br /> the action and resolution of al issues which arise from it,or unt? Contractor must adhere to the travel, lodging and subsistence
<br /> the end of the regular six (6) year period described above, rates estaVshed in the Budget Manual for the State of Borth
<br /> whichever is later. Carolina.
<br /> Time Records:The GRANTEE YA3 maintain records of the time SaleslUse Tax Refunds: If er4ble,, the Grantee and all sub-
<br /> and effort of each employee receiving compensation from this grantees shall (a) ask the North CaroEna Department of
<br /> contract,in accordance with the appropriate OMB circular. Revenue for a refund of all sales and use taxes paid by them in
<br /> the performance of this Contract, pursuant to G.S.105.164.t 4;
<br /> Miscellaneous and (b) exclude all refundable sales and use taxes from all
<br /> reportable expenditures before the expenses are entered in their
<br /> Choice of Law: The validity of this Contract and any of its terms reimbursement reports.
<br /> or provisions,as well as the rights and duties of the partles to Ws
<br /> Contract, are governed by the laws of North Carolina. The Advertising: The Grantee may not use the award of this
<br /> Grantee,by signing this Contract,agrees and submits,solely for Contract as a part of any news release or commercial
<br /> matters concerning this Contract, to the exclusive)taisdiclion of advertising-
<br /> the courts of North Carolina and agrees,solely for such purpose,
<br /> that the exclusive venue for any legal proceedings shall be Wake Recycled Paper. The Grantee ensures that all publications
<br /> County, North Carolina. The place of this Contract and all pmduced as a result of this contract are printed double-sided on
<br /> transactions and agreements relating to 9, and their situs and recycled paper,
<br /> forum,shall be Wake County,North Carolina,where all matters,
<br /> whether sounding in contract or tort, relating to the validity, Sovereign Immunity: The Agency does notwaive its sovereign
<br /> construction, interpretation, and enforcement shall be immunity by entering into this contract and fully retains all
<br /> determmed_ immunities and defenses provided by law with respect to any
<br /> actoA based on this contract_
<br /> Amendment: This Contract may not be amended orally or by
<br /> perfcemance. Any amendment must be made in written form and Gratuities, Kickbacks or Contingency Fee(s): The parties
<br /> executed by duty authoraed representatives of the Agency and oer i and warrant that no gratuities,kickbacks or contingency
<br /> the Grantee. fWs)are paid i t connection with this contract,nor are any fees,
<br /> cornm5isions,gifts or other considerations made contingent upon
<br /> Severability: In the event that a court of competent jurisdiction 6M awaed of this contract
<br /> holds that a provision or requirement of this Contract violates any
<br /> applicable law,each such provision or requirement shall continue Lobbying: The Grantee certifies that it(a)has neither used
<br /> to be enforced to the extent it is not in violation of law or is not nor will use any appropriated funds for payments to lobbyist;
<br /> olherwise unenforceable and all other provisions and (b) will disclose the name, address, payment details, and
<br /> requiremerits of this Contract shall remain in full force and effect. purpose of any agreement with lobbyists whom the Grantee
<br /> or its sub-tier contractoris) or sub-grantees) will pay with
<br /> Headings: The Soction and Paragraph headings in these profits or non-appropriated funds on or after December 22,
<br /> General Terms and Conditions are not material parts of the 1963; and (c) will file quarterly updates about the use of
<br /> agreement and should not be used to construe the meaning lobbyists if material changes occur In their use.
<br /> thereof.
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