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State of Washington, Department of Ecology <br />IAA No. C1600082 <br />c. This Agreement. <br />d. Statement of Work and Budget. <br />e. Any other provisions of this Agreement, including materials incorporated by reference. <br />13) RECORDS MAINTENANCE <br />The parties to this Agreement shall each maintain books, records, documents and other evidence that <br />sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the <br />service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both <br />parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so <br />authorized by law. All books, records, documents, and other material relevant to this Agreement will be <br />retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly <br />authorized by the parties shall have full access and the right to examine any of these materials during this <br />period. <br />Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will <br />remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or <br />make available this material to any third parties without first giving notice to the furnishing party and giving it <br />a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to <br />assure that records and documents provided by the other party are not erroneously disclosed to third parties. <br />14) RIGHTS IN DATA <br />Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by <br />the U.S. Copyright Act of 1976 and shall be owned by State of Washington, ECOLOGY. Data shall include, <br />but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, <br />computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, <br />patent, register, and the ability to transfer these rights. <br />15) SEVERABILITY <br />If any provision of this Agreement or any provision of any document incorporated by reference shall be held <br />invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without <br />the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental <br />purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. <br />16) TERMINATION FOR CAUSE <br />If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, <br />or if either party violates any of these terms and conditions, the aggrieved party will give the other party written <br />notice of such failure or violation. The responsible party will be given the opportunity to correct the violation <br />or failure within 15 working days. Iffailure or violation is not corrected, this Agreement may be terminated <br />immediately by written notice ofthe aggrieved party to the other. <br />17) TERMINATION FOR CONVENIENCE <br />Either party may terminate this Agreement upon thirty (30) days' prior written notification to the other party. <br />If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred <br />in accordance with the terms of this Agreement prior to the effective date of termination. <br />18) ASSURANCES <br />Parties to this Agreement agree that all activity pursuant to this contract will be in accordance with all the <br />applicable current federal, state and local laws, rules, and regulations. <br />4