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GENERAL TERMS AND CONDITIONS
<br /> GENERAL GRANT
<br /> FEDERAL FUNDS
<br /> 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
<br /> A. "Confidential Information"as used in this section includes:
<br /> •
<br /> 1. All material provided to the Grantee by COMMERCE that is designated as"confidential"by
<br /> COMMERCE;
<br /> 2. All material produced by the Grantee that is designated as"confidential"by COMMERCE;
<br /> and
<br /> 3. All personal information in the possession of the Grantee that may not be disclosed under
<br /> state or federal law."Personal information"includes but is not limited to information related to
<br /> a person's name,health, finances, education,business, use of government services,
<br /> addresses, telephone numbers, social security number,driver's license number and other
<br /> identifying numbers, and"Protected Health Information"under the federal Health Insurance
<br /> Portability and Accountability Act of 1996(HIPAA).
<br /> B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer,sale,
<br /> or disclosure of Confidential Information_The Grantee shall use Confidential Information solely for
<br /> the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
<br /> Information to any third party except with the prior written consent of COMMERCE or as may be
<br /> required by law.The Grantee shall take all necessary steps to assure that Confidential
<br /> Information is safeguarded to prevent unauthorized use, sharing,transfer, sale or disclosure of
<br /> Confidential Information or violation of any state or federal laws related thereto. Upon request,
<br /> the Grantee shall provide COMMERCE with its policies and procedures on confidentiality.
<br /> COMMERCE may require changes to such policies and procedures as they apply to this Grant
<br /> whenever COMMERCE reasonably determines that changes are necessary to prevent
<br /> unauthorized disclosures. The Grantee shall make the changes within the time period specified
<br /> by COMMERCE. Upon request,the Grantee shall immediately return to COMMERCE any
<br /> Confidential Information that COMMERCE reasonably determines has not been adequately
<br /> protected by the Grantee against unauthorized disclosure.
<br /> C. Unauthorized Use or Disclosure.The Grantee shall notify COMMERCE within five (5)working
<br /> days of any unauthorized use or disclosure of any confidential information,and shall take
<br /> necessary steps to mitigate the harmful effects of such use or disclosure.
<br /> 11. CONFORMANCE
<br /> If any provision of this Grant violates any statute or rule of law of the state of Washington, it is
<br /> considered modified to conform to that statute or rule of law.
<br /> 12. COPYRIGHT PROVISIONS
<br /> Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
<br /> hire"as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
<br /> be considered the author of such Materials. In the event the Materials are not considered"works for
<br /> hire"under the U.S_ Copyright laws, the Grantee hereby irrevocably assigns all right,title, and interest
<br /> in all Materials, including all intellectual property rights, moral rights,and rights of publicity to
<br /> COMMERCE 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. "Ownership"includes the right to copyright, patent, register and the
<br /> ability to transfer these rights.
<br /> For Materials that are delivered under the Grant,but that incorporate pre-existing materials not
<br /> produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty-free,
<br /> irrevocable license(with rights to sublicense to others)in such Materials to translate,reproduce,
<br /> distribute, prepare derivative works, publicly perform,and publicly display_ The Grantee warrants and
<br /> Governmental - VAWA 6 0 10
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