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The AGENCY shall make available information necessary for WTSC to comply with the right to access ,
<br />amend, and receive an accounting of disclosures of their Personal Information according to the Health
<br />Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised
<br />pursuant to the HIPAA provisions and applicable provisions of Washington State law. The AGENCY
<br />shall upon request make available to the WTS and the U.S . Secretary of the Department of Health &
<br />Human Services all internal policies and procedures, books , and records relating to the safeguarding,
<br />use, and disclosure of Personal Information obtained or used as a result of this contract.
<br />RIGHTS IN DATA
<br />Unless otherwise provided , data that originates from this Agreement shall be "works for hire" as defined
<br />by the U.S . Copyright Act and shall be owned by the WTSC and the State Of Washington. In the event
<br />the Materials are not considered "works for hire" under the U.S. Copyright laws, the AGENCY hereby
<br />irrevocably assigns all right, title, and interest in data, including all intellectual property rights, to the
<br />WTSC effective from the moment of creation. Data shall include, but not be limited to data, reports ,
<br />documents , pamphlets, advertisements, books , magazines , surveys, studies , computer programs, films ,
<br />tapes, and/or sound reproductions. Ownership includes the right to copyright , patent, register, and the
<br />ability to transfer these rights.
<br />The AGENCY may publish, at its own expense, the results of project activities without prior review by
<br />the WTSC, provided that any publications (written , visual, or sound) contain acknowledgment of the
<br />support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any
<br />discovery or invention derived from work performed under this project shall be referred to the WTSC,
<br />who will determine through NHTSA whether patent protections will be sought, how any rights will be
<br />administered, and other actions required to protect the public interest.
<br />SAVINGS
<br />In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
<br />after the effective date of this contract and prior to normal completion, the WTSC may terminate the
<br />contract under the "Termination for Convenience" clause, without the ten day notice requirement,
<br />subject to renegotiation at the WTSC 's discretion under those new funding limitations and conditions .
<br />SEVERABILITY
<br />If any provision of this Agreement or any provision of any document incorporated by reference shall be
<br />held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
<br />effect without the invalid provision , if such remainder conforms to the requirements of applicable law and
<br />the fundamental purpose of this agreement, and to this end the provisions of this Agreement are
<br />declared to be severable.
<br />STATE LOBBYING
<br />None of the funds under this program will be used for any activity specifically designed to urge or
<br />influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal
<br />pending before any State or local legislative body. Such activities include both direct and indirect (e.g.,
<br />"grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary
<br />is supported with NHTSA funds from engaging in direct communications with State or local legislative
<br />officials, in accordance with customary State practice, even if such communications urge legislative
<br />officials to favor or oppose the adoption of a specific pending legislative proposal.
<br />TAXES
<br />All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
<br />insurance or other expenses for the AGENCY or its staff shall be the sole responsibility of the AGENCY .
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