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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />NCSU SUB CONTRA CT # 2001-1 748-2 7 <br /> <br />In addition, the SUBCONTRACTOR shall provide NCSU with the above requested <br />information throughout the performm~ce of this Agreement. If the. SUBCONTRACTOR is not <br />subject to A-133 audit requirements, NCSU may require submission of its most recent <br />independent accountant's certification on the state of thc entity's financial status/internal control <br />structure and/or the completion of an internal control questimmaire/confirrnation. <br /> <br />Upon revieTM of the audit reports by NCSU, should the audit report of the SUBCONTRACTOR <br />disclose instances of noncompliance, the SUBCONTRACTOR shall have six (6) momhs from <br />the date of receipt of the audit to take appropriate corrective action and notify NCSU of the <br />action taken. Should this corrective action not be taken, NCSU will undertake such action as <br />deemed necessary and reasonable to bring about compliance. <br /> <br />XI. LIABILITY: <br /> <br />The relationship of SUBCONTRACTOR to NCSU is that of an independent contractor. NCSU <br />shall in no way be liable for the actions of SUBCONTRACTOR, nor shall <br />SUBCONTRACTOR be liable for the actions of NCSU. SUBCONTRACTOR shall in no <br />way hold itself out as representing NCSU or as aCting on NCSU's behalf. It is understood that <br />NCSU's liability hereunder shall be limited in accordance.with the North Carolina Tort Claims <br />Act, N.C. General Statute Sec. 143-291, et seq., where applicable. <br /> <br />XII. COMPLIANCE WITH LAWS: <br /> <br />SUBCONTRACTOR agrees to comply with all relevant federal, state, cotmty, and municipal <br />executive orders, rules, regulations, ordinances and laws. <br /> <br />XIII. REPRESENTATIONS AND CERTIFICATIONS: <br /> <br />A. SUBCONTRACTOR, by signature affixed to this Subcontract, certifies that: <br /> <br />1. Pursuant to the requirement of OMB 'Circular A-129, it is not .delinquent on any Federal <br /> debt. <br /> <br />Pursuant to Executive Order 12549 and impiementing rule, it presently is not debarred, <br />suspended, proposed for debarment, declared ineligible or voluntarily excluded fi'om <br />covered transactions by any Federal department or agency. <br /> <br /> No federally appropriated fUnds have been paid or will be paid to any person for <br /> influencing or attempting to influence an officer or employee of any agency, a Member of <br /> Congress, an officer or employee of Congress, or an employee of a Member of Congress <br />· in comaection With tl'fis subcontract and that if any funds other than federally appropriated <br />funds have been paid or will be paid to any person for i~ffluencing or attempting to <br />influence an officer or employee of any agency, a Member of Congress, m~ officer or <br />employee of Congress, or an employee of a Member of Congress in connection with the <br /> <br />Prepared by: SPARCS/~bw <br />Fbw / l:sub09200'l mm.doc) <br /> <br />Rev. 091101 5 <br /> <br /> <br />