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10. <br /> <br />11. <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />records shall be maintained in accordance with the Privacy Act of 1974 (Public Law 93-579), <br />Freedom of Information Act, and the N.D.C.C. 44-04. <br /> <br />Record Retention: The Subgrantee hereby agrees to maintain financial records, supporting <br />documents, statistical records, and other pertinent records for a period of at least three (3) years <br />from the annual or final report of expenditures or until audit is completed and findings resolved. <br />Subgrantee further agrees that all such records may be examined by the North Dakota State <br />Auditor or the Auditor's designee. <br /> <br />Termination of Grant Award: If, through any cause, the Subgrantee shall fail to fulfill in a timely <br />and proper manner its obligations under the Grant Award or if the Subgrantee shall violate any of <br />the covenants, agreements, or stipulations to these requirements the Division of Emergency <br />Management shall thereupon have the right to terminate the Grant Award by giving written notice <br />to the Subgrantee of such termination and specifying the effective date of such termination. <br /> <br />The Grant Award may be cancelled or terminated by mutual consent, by default, or by conditions <br />beyond the control of either party. The party desiring to terminate or cancel must give written <br />notice of its intention fifteen (15) days prior to the date of cancellation setting forth the reasons <br />and conditions of said termination. In case of termination (partial or complete), payments to the <br />Subgrantee or recovery of funds by the Division of Emergency Management shall be in <br />accordance with the legal rights and liabilities of both parties. <br /> <br />' The Division of Emergency Management may also terminate, without penalty, the Grant Award if <br />funding from federal, state, or other sources is not obtained and continued at levels sufficient to <br />allow for funding of the grant, this determination to be made in the sole discretion of the Division <br />of Emergency Management. The Grant Award may modified by agreement of the parties in <br />writing to accommodate a reduction in funds. <br /> <br />The Grant Award may also be terminated by the Division of Emergency Management, in its sole <br />discretion, if federal or state laws or rules are modified or interpreted in such a way that the grant <br />or the services or items to be obtained as a result of the grant are no longer eligible for the <br />funding that has been proposed for this grant, or if any license, permit, or certificate required by <br />law, rule or the terms of this contact to be possessed or obtained by the Subgrantee is for any <br />reason denied, revoked, or not renewed. <br /> <br />In the event, all finished or unfinished documents, data, and reports prepared by the Subgrantee <br />shall, at the option of the Division of Emergency Management, become the property of the <br />Division of Emergency Management and the Subgrantee shall be entitled to receive just and <br />equitable compensation for any satisfactory work completed on such documents and other <br />material. <br /> <br />Special Conditions: The Subgrantee shall meet all other applicable special conditions as specified <br />in the Grant Award. <br /> <br />Applicable Law: The Grant Award shall be governed by and construed in accordance with the <br />laws of the State of North Dakota. Any dispute resulting in an action to enforce this contract must <br />be brought in the District Court of Burleigh County, North Dakota. <br /> <br />Severabilitv: If any term of the Grant Award is declared to be illegal or unenforceable by a court <br />having jurisdiction, the validity of the remaining terms shall not be affected. <br /> <br />Assiqnments: Subgrantee may not assign or otherwise transfer or delegate any right or duty <br />without the Division of Emergency Management's express written consent. Subgrantee may <br />subcontract grant funds under the terms of the grant and applicable laws, as specified in <br />paragraph V and after receiving written consent from the Division of Emergency Management. <br /> <br /> <br />