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e. Unless the Parties mutually agree to select a particular mediator, the selection of a <br />mediator shall be determined by the Mediator's eazliest available date to initiate <br />mediation. Any agreement to mediate shall require the Parties m appeaz and mediate the <br />matter in good faith in accordance with the schedule and ca]endaz established by the <br />Mediator; and, <br />f. Provided, however, that this term shall not constitute an agreement by either party to <br />mediate or azbitrate any dispute; and that any agreement to mediate may be revoked or <br />terminated without penalty therefore if so advised by the N.C. Attorney General. <br />22. Special Provisions and Conditions. <br />a. EquipmenUassets. Equipment and information technology assets acquired with Grant <br />funds shall be used only as provided by this Grant Agreement, and upon termination or <br />cessation of operations under this-Grant Agreement, or other operations providing the <br />same or substantially similaz services, said assets having remaining useful life shall be <br />transferred to other grantees or entities providing the same or substantially similaz <br />services as provided in the e-NC Grant used to acquire the assets. The e-NC must be <br />notified of the intended recipient of [he equipmen4 and agree to the proposed transfer of <br />any such assets. The e-NC prefers that any such recipients be government entities or <br />corporations duly qualified under 26 USC 501(c)(3) as not for profit corporations. <br />b. Nondiscrimination. The GRANTEE agrees nobto discriminate by reason of age, race, <br />religion, color, sex, national origin, or handicap related to the activities of this <br />Agreement <br />c. Conflict of Interest. The GRANTEE certifies that to the best of its knowledge no <br />employee or officer of the GRANTEE has any pecuniary interest in the business of the <br />CENTER or of the Project, and that no person associated with the GRANTEE has any <br />interest that would conflict in any manner with the performance of the Agreement <br />d. Order of Precedence. To the extent of any conflict between the Grant Proposal and the <br />Agreement, including the Exhibits comprising a Statement of Work, Payment Schedule <br />and Reporting Schedule, such conflicts shall be resolved by first referring to the <br />Agreement, followed serially by the Statement of Work, Payment Schedule, Reporting <br />.Schedule and lastlyby the Grant Proposal. - <br />e. Compliance with Laws. The GRANTEE shall at all times observe and comply with all <br />laws, ordinances, and regulation of the state, federal and local governments which may in <br />any manner affect the performance of the Agreement <br />£ Non-Assi¢nability. The GRANTEE shall not assign any interest in the Agreement and <br />shall not transfer any interest in the same without prior written consent of the CENTER; <br />rop vided, however, that claims for money due to the GRANTEE fiom the CENTER <br />under this Agreement may be assigned to any commercial bank or other financial <br />institution without such approval. <br />g. Personnel. The GRANTEE represents that is bas, or will secure at its own expense, all <br />personnel required to carry out and perform the scope of services required under this <br />Agreement. Such employees shall not be employees of the CENTER. Such personnel <br />shall be fully qualified and shall be authorized under state and local law to perform such <br />services. <br />23; Pronrietazy Information: Proprietazy information may be submitted as part of the reporting <br />requirements, but such information shall..be subject to the N.C. Public Records Act, which is set " <br />forth in N.C. General Statutes 132-1, et. seq. Grantees are encouraged to review the applicable <br />Statutes prior to submitting any information or documentation believed to be proprietazy. <br />a. The e-NC may maintain the confidentiality of certain types of information described in <br />N.C. Gen. Stat. §132-1 et. seq. Such information may include trade secrets defined by <br />F- g <br />Page 7 of 12 <br />