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City of Everett 16 Street Medicine Team Pilot Program <br />Subcontract of HCA Contract #K7759 <br />4.10 COVERED INFORMATION PROTECTION <br />4.10.1 Conquer acknowledges that some of the material and information that may <br />come into its possession or knowledge in connection with this Contract or its <br />performance may consist of HCA or City Proprietary Information or <br />Confidential Information. For the purposes of this section, all such Proprietary <br />Information and Confidential Information are together referred to as Covered <br />Information. <br />4.10.2 Nondisclosure and Non-Use Obligations. In the event of Disclosure of Covered <br />Information to Conquer by HCA or the HCA, Conquer agrees to: (1) hold <br />Covered Information in strictest confidence and to take all reasonable <br />precautions to protect such Covered Information (including, without limitation, all <br />precautions Conquer employs with respect to its own confidential materials); (2) <br />not disclose any such Covered Information or any other information derived <br />therefrom to any third party; (3) not make use of Covered Information for any <br />purpose other than the performance of this Contract; (4) release it only to <br />authorized employees or Conquer Subcontractors requiring such information for <br />the purposes of carrying out this Contract; and (5) not release, divulge, publish, <br />transfer, sell, disclose, or otherwise make the information known to any other <br />party without express written consent or as provided by law. <br />4.10.3 Conquer Subcontractors that come into contact with Protected Health <br />Information may be required to enter into a Business Associate Agreement with <br />the City and/or HCA in compliance with the requirements of the Health <br />Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, as <br />Sec. 13400 13424, H.R. 1 (2009) (HITECH Act) (HIPAA). <br />4.10.4 The City (and HCA) reserve the right to monitor, audit, or investigate the use of <br />Confidential Information collected, used, or acquired by Conquer through this <br />Contract. Violation of this section by Conquer or its Conquer Subcontractors <br />may result in termination of this Contract and demand for return of all <br />Confidential Information, monetary damages, or penalties. <br />4.10.5 The obligations set forth in this Section will survive completion, cancellation, <br />expiration, or termination of this Contract. <br />4.11 PUBLIC RECORDS ACT <br />4.12 Conquer acknowledges that both the City and HCA is subject to chapter 42.56 RCW, the <br />Public Records Act, and that this Contract and records created under this Contract will be <br />public records as defined in chapter 42.56 RCW, disclosable unless exemption applies. <br />Conquer will fully cooperate with the City and HCA so that the City and HCA may fully <br />comply with chapter 42.56 RCW.