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<br /> 7. RIGHTS IN DATA
<br /> Unless otherwise provided, data which originates from this Agreement shall be "works for
<br /> hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the AOC. Data
<br /> shall include, but not be limited to, reports, documents, pamphlets, advertisements, books,
<br /> magazines, surveys, studies, computer programs, films, tapes, and video and/or sound
<br /> reproductions. Ownership includes the right to copyright, patent, register, and the ability to
<br /> transfer these rights. In the event that any of the deliverables under this Agreement
<br /> include material not included within the definition of"works for hire," the Court hereby
<br /> assigns such rights to the AOC as consideration for this Agreement.
<br /> Data which is delivered under this Agreement, but which does not originate therefrom,
<br /> shall be transferred to the AOC with a nonexclusive, royalty-free, irrevocable license to
<br /> publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do
<br /> so; Provided, that such license shall be limited to the extent which the Court has a right to
<br /> grant such a license. The Court shall advise the AOC, at the time of delivery of data
<br /> furnished under this Agreement, of all known or potential invasions of privacy contained
<br /> therein and of any portion of such document which was not produced in the performance
<br /> of this Agreement. The AOC shall receive prompt written notice of each notice or claim of
<br /> copyright infringement received by the Court with respect to any data delivered under this
<br /> Agreement. The AOC shall have the right to modify or remove any restrictive markings
<br /> placed upon the data by the Court.
<br /> 8. INDEPENDENT CAPACITY
<br /> The employees or agents of each party who are engaged in the performance of this
<br /> Agreement shall continue to be employees or agents of that party and shall not be
<br /> considered for any purpose to be employees or agents of the other party.
<br /> 9. AGREEMENT ALTERATIONS AND AMENDMENTS
<br /> This Agreement may be amended by mutual agreement of the parties. Such amendments
<br /> shall not be binding unless they are in writing and signed by personnel authorized to bind
<br /> each of the parties.
<br /> 10. RECORDS, DOCUMENTS, AND REPORTS
<br /> The Court shall maintain books, records, documents and other evidence of accounting
<br /> procedures and practices which sufficiently and properly reflect all direct and indirect costs
<br /> of any nature expended in the performance of this Agreement. These records shall be
<br /> subject at all reasonable times to inspection, review, or audit by personnel duly authorized
<br /> by the AOC, the Office of the State Auditor, and federal officials so authorized by law, rule,
<br /> regulation, or Agreement. The Court will retain all books, records, documents, and other
<br /> material relevant to this Agreement for six years after settlement, and make them available
<br /> for inspection by persons authorized under this provision.
<br /> 11. RIGHT OF INSPECTION
<br /> The Court shall provide right of access to its facilities to the AOC, or any of its officers, or
<br /> to any other authorized agent or official of the state of Washington of the federal
<br /> government at all reasonable times, in order to monitor and evaluate performance,
<br /> compliance, and/or quality assurance under this Agreement.
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