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
<br />any 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 to
<br />the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement.
<br />23. RIGHTS IN DATA
<br />23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work
<br />Product”) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act,
<br />17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not
<br />limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer
<br />programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to
<br />the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute,
<br />prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer
<br />these rights.
<br />23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law,
<br />the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in
<br />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
<br />protections will be sought, how any rights will be administered, and other actions required to protect the
<br />public interest.
<br />24. SAVINGS
<br />In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
<br />the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC
<br />may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-
<br />day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under any new
<br />funding limitations or conditions.
<br />25. SEVERABILITY
<br />If any provision of this Agreement or any provision of any document incorporated by reference shall be held
|