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taken. Should this corrective action not be taken, NCSU will undertake such action as deemed <br />necessary and reasonable to bring about compliance. All costs borne by NCSU to assure <br />compliance will be reimbursed by the SUBCONTRACTOR. <br /> <br />XI. LIABILITY: <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 SUBCONTRACTOR <br />be liable for the actions of NCSU. SUBCONTRACTOR shall in no way hold itself out as <br />representing NCSU or as acting on NCSU's behalf. It is understood that NCSU's liability <br />hereunder shall be limited in accordance with the North Carolina Tort Claims Act, N.C. General <br />Statute Sec. 143-291, et seq. <br /> <br />XII. COMPLIANCE WITH LAWS: <br />SUBCONTRACTOR agrees to comply with relevant federal, state, county, and municipal <br />executive orders, roles, regulations, ordinances and laws. <br /> <br />XIII. REPRESENTATIONS AND CERTIFICATIONS: <br />A: SUBCONTRACTOR by signature affixed to this Subcontract certifies that pursuant to the <br />requirement of OMB Circular A-129, that it is not delinquent on any Federal debt. <br /> <br />B: SUBCONTRACTOR by signature affixed to this Subcontract certifies that pursuant to <br />Executive Order 12549 and implementing rule, that it presently is not debarred, suspended, <br />proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by <br />any Federal department or agency. <br /> <br />C: SUBCONTRACTOR by signature affixed to this Subcontract certifies that it is in <br />compliance with the Drug-Free Workplace Act of 1988, Public Law 100-690, Tide V, Subtitle D. <br />34 CFR Part 85, Subpart F. <br /> <br />XIV. TERMINATION: <br />A. If the SUBCONTRACTOR shall fail to fulfill in a proper manner its obligations under this <br />Agreement or violates any of the provisions of this Agreement, NCSU shall have the right to <br />terminate in whole or in part, this subcontract by sending written notice of termination to the <br />SUBCONTRACTOR thirty (30) days prior to the effective date of such termination. <br /> <br />B. It is expressly understood that in the event that NCSU's contract from the North Carolina <br />Department of Health and Human Services is terminated or the funding thereunder ceases, NCSU, <br />at its option, may terminate, in whole or in part, this Subcontract by sending written Notice of <br />Termination to the SUBCONTRACTOR ten (10) days prior to the effective date of such <br />termination. <br /> <br />C. This Agreement may be terminated by either party, with or without cause by giving thirty <br />(30) days written notice to the other party. <br /> <br /> 5 <br /> <br />a:NCSUsubk.doc::: 980566.35 <br />NCSU P. I.::: E. L. Locklear <br /> P.I.::: P. C. Outen <br /> <br /> <br />