AG 2004 02 16 - Laserfiche WebLink

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for three years following the date of termination of this MOA, with the following exception: If any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. VIX[. FUNDING AND COMPENSATION The Department of Crime Control and Public Safety, Division of Emergency Management will provide funding to the County of Cabarrus, for the actual costs incurred, not to exceed Five Thousand One Hundred and Thirty Four Dollars ($5,134) for the costs associated with developing and conducting WMD exercises as described in this MOA. Funds will be provided by the State of North Carolina, Department of Crime Control and Public Safety, Division of ~ Emergency Management, Budget Code 536-02. The allocation of funds will be from the DOJ FY 2002 Statewide Domestic Preparedness Grant. All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds from DOI, OIP and the Department of Crime Control and Public Safety, Division of Emergency Management for the purposes set forth and the MOA shhll automatically terminate if funds cease to be available. Allowable costs shall be determined in accordance with the Office of the Assistant Attorney General, OIP regulations under the State Domestic Preparedness Program for Federal fiscal year 2002 and in accordance with the U.S. Department of Justice, Office of Justice Programs, Office of Domestic Preparedness, Fiscal Year 2002 State Domestic Preparedness Program, Program Guidelines and Application Kit available at http://www, ojp.usdoj.gov/odp/docs/02odpkit.pdf. IX. MOD]~CATION OF TH'E AGREEMENT Modification of this Agreement must be in writing and upon approval of both parties. X. PROPERTY The County of Cabarrus shall be responsible for the custody and care of any property furnished for use in connection with the performance of this agreement and shall reimburse the Division of Emergency Management for any loss or damage to said property to the extent permitted by the North Carolina Tort Claims Act. 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, which is 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 which: (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 Page 3 of 7