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the WTSC, and any duly authorized representatives shall have full access and the right to examine any of
<br />these materials during this period.
<br />21.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other
<br />Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not
<br />disclose or make available this material to any third Parties without first giving notice to the furnishing Party
<br />and giving them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures
<br />and protections to assure that records and documents provided by the other Party are not erroneously
<br />disclosed to third Parties.
<br />22. RIGHT OF INSPECTION
<br />The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any
<br />other authorized agent or official of the state of Washington or the federal government, at all reasonable
<br />times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this
<br />Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the
<br />right to access, amend, and receive an accounting of disclosures of their Personal Information according to
<br />the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or
<br />revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-
<br />RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the
<br />Department of Health and Human Services all internal policies and procedures, books, and records relating
<br />to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this
<br />Agreement.
<br />23. RIGHTS IN DATA
<br />23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work Product”)
<br />pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC
<br />§101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to,
<br />reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs,
<br />films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the
<br />extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare
<br />derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these
<br />rights.
<br />23.2. If for any reason the Work Product would not be considered a work made for hire under applicable
<br />law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights
<br />in the Work Product and any registrations and copyright applications relating thereto and any renewals and
<br />extensions thereof.
<br />23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior
<br />review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of
<br />the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed
<br />under this project shall be referred to the WTSC, who will determine through NHTSA whether patent
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