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film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement
<br />of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice.
<br />INDEPENDENT CAPACITY
<br />The employees or agents of each party who are engaged in the performance of this Agreement shall
<br />continue to be employees or agents of that party and shall not be considered for any purpose to be
<br />employees or agents of the other party.
<br />PRIVACY/SAFEGUARDING OF INFORMATION
<br />"Personal information" means information identifiable to any person, including but not limited to,
<br />information that relates to a person's name, health, finances, education, business, use or receipt of
<br />governmental services or other activities, addresses, telephone numbers, social security numbers,
<br />driver license numbers, other identifying numbers, and any financial identifiers. "Personal information"
<br />includes information protected from disclosure under chapters 42.56, 70.02, 70.24, and 71.05 RCW,
<br />but does not include publicly available information that is lawfully made available to the general public
<br />from federal, state, or local government records.
<br />Neither KCPHD nor DOH shall use or disclose Personal Information in any manner that would
<br />constitute a violation of federal or Washington State law. The parties agree to comply with all
<br />applicable federal and state laws and regulations, as currently enacted or revised, regarding data
<br />security and electronic data interchange of all Personal Information.
<br />KCPHD and DOH shall protect Personal Information collected, used, or acquired in connection with
<br />this Agreement against unauthorized use, disclosure, modification or loss, and shall use it solely for
<br />the purposes of accomplishing the services set forth in this Agreement. Both parties agree to
<br />implement physical, electronic, and managerial policies, procedures, and safeguards to prevent
<br />unauthorized access, use, or disclosure the information in any form.
<br />RECORDS MAINTENANCE
<br />KCPHD and DOH agree each will maintain books, records, documents and other supporting evidence
<br />that provides verification that they have performed their portion of the work as described in the
<br />Statement of Work. These records will be open to inspection and/or review by authorized individuals
<br />of KCPHD or DOH, individuals authorized by KCPHD or DOH, the Office of the State Auditor, and
<br />federal officials, as authorized by law. All the books, records, documents, and other material relevant
<br />to this agreement will be retained for the periods established by the State Archives Office and/or the
<br />records retention periods established by each agency, whichever is longer.
<br />Records and other documents, in any medium, furnished by one of us to the other, will remain the
<br />property of the entity furnishing the information, unless we agree otherwise. KCPHD and DOH will
<br />each utilize reasonable security procedures and protections to assure that all information under this
<br />agreement is protected from erroneous disclosure to third parties.
<br />SEVERABILITY
<br />If any provision of this Agreement or any provision of any document incorporated by reference shall
<br />become invalid as a result of statutory or regulatory amendment or be held invalid by a court of general
<br />jurisdiction, such invalidity shall not affect other provisions of this Agreement which can be given effect
<br />without the invalid provision, if such remainder conforms to the requirements of applicable law and the
<br />fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to
<br />be severable.
<br />TERMINATION
<br />Either party may terminate this Agreement upon 30 days prior written notification to the other party.
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<br />DOH Contract N19411 Page 4
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