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8.5. Consultant certifies that it is aware of the provisions of Title 51 of the Revised Code <br /> of Washington that requires every employer to be insured against liability of Workers' <br /> Compensation, or to undertake self-insurance in accordance with the provisions of that Title. <br /> Consultant shall comply with the provisions of Title 51 of the Revised Code of Washington before <br /> commencing the performance of the Work. Consultant shall provide the City with evidence of <br /> Workers' Compensation Insurance (or evidence of qualified self-insurance) before any Work is <br /> commenced. <br /> 8.6. In case of the breach of any provision of this Section,the Provider may, at its option <br /> and with no obligation to do so, provide and maintain at the expense of Consultant, such types <br /> of insurance in the name of the Consultant, and with such insurers, as the Provider may deem <br /> proper, and may deduct the cost of providing and maintaining such insurance from any sums <br /> which may be found or become due to Consultant under this Agreement or may demand <br /> Consultant to promptly reimburse the Provider for such cost. <br /> 9. PATIENT INFORMATION. <br /> 9.1 CONFIDENTIALITY AND DISCLOSURE OF PATIENT INFORMATION. USE AND <br /> DISCLOSURE OF PROTECTED HEALTH INFORMATION. Subject to the attached Business Associate <br /> Agreement, the Parties hereto agree that, in order for the Consultant to perform its duties as <br /> expected by the Provider, it will be necessary for the Consultant to use and disclose Protected <br /> Health Information ("PHI"), as such term is defined at 45 CFR §164.501. The Parties of this <br /> Agreement further acknowledge and make part of this Agreement the attached Business <br /> Associate Agreement. <br /> 9.2 PERMITTED AND REQUIRED USES AND DISCLOSURE OF PHI. Subject to the attached <br /> Business Associate Agreement,the Parties hereto agree that the Consultant may use and disclose <br /> PHI in order to carry out any Payment function covered under the definition of "Payment" <br /> contained in 45 CFR §164.501. Subject to the attached Business Associate Agreement,the Parties <br /> hereto further agree that the Consultant may use or disclose PHI for any use or disclosure that is <br /> required by law. <br /> 10. INDEMNITY. Each Party ("Indemnifying Party") shall indemnify and hold the other Party <br /> harmless against any third party claim, including costs and reasonable attorney's fees, arising <br /> from or relating to breaches of this Agreement by the Indemnifying Party or negligent or <br /> intentional acts or failures to act by the Indemnifying Party while performing its obligations <br /> hereunder. <br /> 11. SURVIVABILITY. The terms of Section 9 and 10 shall survive termination of this Agreement. <br /> The attached Business Associate Agreement has terms incorporated to establish the continuance <br /> of covenants for the Parties to disclose PHI for the continued operations of "Payment". <br /> 12. WARRANTIES AND REPRESENTATIONS. Each Party warrants that it has the right and power <br /> to enter into this Agreement and an authorized representative has executed this Agreement. <br /> 6 <br />