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8 <br />(iv) is independently developed at the receiving party by someone not privy to the confidential <br />information. <br />XII. SUBCONTRACTING AND SUBGRANTING <br />If the AGENCY subcontracts or subgrants any or all purchases required under this Agreement, <br />AGENCY agees to include in the subcontract or subgant that the subcontractor/subgrantee is <br />bound by ffie terms and conditions of this MOA. AGENCY agrees to include in the <br />subcontractJsubgrant that the subcontractor/subgrantee shall hold the Department of Crime <br />Control and Public Safety, Division of Emergency Management harmless against all claims of <br />whatever nature azising out of the subcontractor's performance ofwork under this MOA, to the <br />extent allowed and requued bylaw. If AGENCY subcontracts/subgrants, a copy of the executed <br />subcontract/subgrant agreement must be forwarded to the Division of Emergency Management <br />and approval granted prior to the execution of said subcontract/subgr'ant. Contractual <br />arrangement shall in no way relieve AGENCY of its responsibilities to ensure that al] funds <br />issued pursuant to this grant be administered in accordance with al] state and federal <br />requirements. AGENCY is bound by the terms, conditions and restrictions of the applicable <br />USDHS, SLGCP, ODP, Homeland Security and Office of Domestic Prepazedness Progam <br />Guidelines and Application Kits referenced herein. <br />XIII. COMPLIANCE WITII THE LAW <br />AGENCY shall be wholly responsible for the purchases to be made under this MOA and for the <br />supervision of its employees and assistants. AGENCY shall be responsible for compliance with <br />all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory <br />matters that are applicable to the conduct of its business and purchase requirements performed <br />under this MOA, including those of federal tequuements and ,State, and local agencies having <br />appropriate jurisdiction and found in applicable USDHS, SLGCP, ODP Program Guidelines and <br />Application Kits. <br />XIV. WARRANTY <br />AGENCY shall hold the Depaztment of Crime Control and Public Safety, Division of <br />Emergency Management harmless for any liability and personal injury that may occur from or in <br />connection with the performance of this MOA to the extent permitted by the North Cazolina Tort <br />Claims Act. <br />XV. ANTITRUST LAWS <br />Ihis Agreement is entered into in compliance witlr all State and Federal antitrust laws <br />XVI. TERMINATION <br />The termination date is March 31, 2007. This MOA may be terminated upon submission of a <br />30-day advance written notice of termination. <br />Page 5 of 7 <br />