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<br /> PUBLICITY-The Contractor agrees to submit to the Agency all advertising and publicity matters
<br /> relating to this Contract wherein DOH's name is mentioned or language used from which the connection
<br /> of DOH's name may, in DOH's judgment, be inferred or implied. The Contractor agrees not to publish
<br /> or use such advertising and publicity matters without the prior written consent of DOH.
<br /> REGISTRATION WITH DEPARTMENT OF REVENUE -The Contractor shall complete registration with
<br /> the Washington State Department of Revenue, if applicable, and be responsible for payment of all taxes
<br /> due on payments made under this contract.
<br /> RIGHT OF INSPECTION -The Contractor shall provide right of access to its facilities to DOH, or any of
<br /> its officers, or to any other authorized agent or official of the state of Washington or the federal
<br /> government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or
<br /> quality assurance under this contract. The Contractor shall make available information necessary for
<br /> Agency to comply with the client's right to access, amend, and receive an accounting of disclosures of
<br /> their Personal Information according to the Health Insurance Portability and Accountability Act of 1996
<br /> (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable
<br /> provisions of Washington State law. The Contractor's internal policies and procedures, books, and
<br /> records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a
<br /> result of this contract shall be made available to DOH and the U.S. Secretary of the Department of
<br /> Health & Human Services, upon request.
<br /> RIGHTS IN DATA/COPYRIGHT- Unless otherwise provided, all materials produced exclusively under
<br /> this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be
<br /> owned by the DOH. The DOH shall be considered the author of such Materials. In the event the
<br /> Materials are not considered "works for hire" under the U.S. Copyright laws, Contractor hereby
<br /> irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to the
<br /> DOH effective from the moment of creation of such Materials.
<br /> Materials means all items in any format and includes, but is not limited to, data, reports, documents,
<br /> pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
<br /> and/or sound reproductions that derive exclusively from the Contractor's work under this contract.
<br /> Ownership includes the right to copyright, patent, register and the ability to transfer these rights.
<br /> For Materials that are delivered under the contract, but that incorporate pre-existing materials not
<br /> produced under the contract, Contractor hereby grants to the DOH a nonexclusive, royalty-free,
<br /> irrevocable license (with rights to sublicense others) in such Materials to translate, reproduce, distribute,
<br /> prepare derivative works, publicly perform, and publicly display. The Contractor warrants and
<br /> represents that Contractor has all rights and permissions, including intellectual property rights, moral
<br /> rights and rights of publicity, necessary to grant such a license to the DOH.
<br /> The Contractor shall exert all reasonable effort to advise the DOH, at the time of delivery of Materials
<br /> furnished under this contract, of all known or potential invasions of privacy contained therein and of any
<br /> portion of such document which was not produced in the performance of this contract. The DOH shall
<br /> receive prompt written notice of each notice or claim of copyright infringement received by the
<br /> Contractor with respect to any data delivered under this contract. The DOH shall have the right to
<br /> modify or remove any restrictive markings placed upon the data by the Contractor.
<br /> SAVINGS - In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in
<br /> any way after the effective date of this contract and prior to normal completion, the Agency may
<br /> terminate the contract under the "Termination for Convenience" clause, without the ten (10) day notice
<br /> DOH N124371
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