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attached Designated Agent and Point of Contact forms located in Annex B, attached and incorporated by reference herein. All confidential information of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential and restricted in its use to only those uses contemplated by the terms of this Agreement. Any information to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose to third parties, the other party's confidential information without written authorization to do so from the other party. Specifically excluded from such confidential treatment shall be information that: (i) as of the date of disclosure and/or delivery, is already known to the party receiving such information; (ii) is or becomes part of the public domain, through no fault of the receiving party; (iii) is lawfully disclosed to the receiving pagy by a third party who is not obligated to retain such information in confidence; or (iv) is independently developed at the receiving party by someone not privy to the confidential information. X. SUBCONTRACTING AND SUBGRANTING If the County of Cabarrus subcontracts or subgrants any or all of the work required under this Agreement, the County of Caban'us agrees to include in the subcontract or subgrant that the subcontractor/subgrantee is bound by the terms and conditions of this MOA. The County of Cabarrus agrees to include in the subcontract/subgrant that the subcontractor/subgrantee shall hold the Department of Crime Control and Public Safety, Division of Emergency Management harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA, to the extent allowed and required by law. If the County of Cabarrus subcontracts/subgrants, a copy of the executed subcontract/subgrant agreement must be forwarded to the Division of Emergency Management within ten (10) days of execution of said subcontract/subgrant. Contractual arrangement shall in no way relieve the County of Cabarms of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. The County of Cabarrus is bound by the terms, conditions and restrictions of the U.S. Department of Homeland Security, Office of Domestic Preparedness, FY 2003 State Homeland Security Grant Program Part II Guidelines and Application Kit (Annex C). XI. COMPLIANCE WITH LAW The County of Cabarrus shall be wholly responsible for the work to be performed under this MOA and for the supervision of its employees and assistants. The County of Cabarrus shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and work performance under this MOA, including those of federal, State, and local agencies having appropriate jurisdiction. FY2003 DHS SHSGP Part II Memorandum of Agreement 4 of 6