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<br />Washington State <br />Health Care Authority Page 16 of 53 Contract # 2747 <br /> <br /> <br />4.9.3 If notification of the Breach or possible Breach must (in the judgment of HCA) be <br />made under the HIPAA Breach Notification Rule, or RCW 42.56.590 or RCW <br />19.254.010, or other law or rule, then: <br />4.9.3.1 HCA may choose to make any required notifications to the <br />individuals, to the U.S. Department of Health and Human <br />Services Secretary (DHHS) Secretary, and to the media, or <br />direct Contractor to make them or any of them. <br />4.9.3.2 In any case, Contractor will pay the reasonable costs of <br />notification to individuals, media, and governmental agencies <br />and of other actions HCA <br /> <br />4.9.3.3 Reasonably considers appropriate to protect HCA Clients (such <br />as paying for regular credit watches in some cases). <br />4.9.3.4 Contractor will compensate HCA Clients for harms caused to <br />them by any Breach or possible Breach. <br />4.9.4 Any breach of this clause may result in termination of the Contract and the demand <br />for return or disposition of all Confidential Information. <br />4.9.5 Contractor’s obligations regarding Breach notification survive the termination of this <br />Contract and continue for as long as Contractor maintains the Confidential <br />Information and for any breach or possible breach at any time. <br />4.10 CONTRACTOR’S PROPRIETARY INFORMATION <br />Contractor acknowledges that HCA is subject to Chapter 42.56 RCW , the Public Records <br />Act, and that this Contract will be a public record as defined in chapter 42.56 RCW. Any <br />specific information that is claimed by Contractor to be Proprietary Information must be <br />clearly identified as such by Contractor. To the extent consistent with Chapter 42.56 <br />RCW, HCA will maintain the confidentiality of Contractor’s information in its possession <br />that is marked Proprietary. If a public disclosure request is made to view Contractor’s <br />Proprietary Information, HCA will notify Contractor of the request and of the date that <br />such records will be released to the requester unless Contractor obtains a court order <br />from a court of competent jurisdiction enjoining that disclosure. If Contractor fails to obtain <br />the court order enjoining disclosure, HCA will release the requested information on the <br />date specified. <br />4.11 COVENANT AGAINST CONTINGENT FEES <br />Contractor warrants that no person or selling agent has been employed or retained to <br />solicit or secure this Contract upon an agreement or understanding for a commission, <br />percentage, brokerage or contingent fee, excepting bona fide employees or bona fide <br />established agents maintained by the Contractor for the purpose of securing business. <br />HCA will have the right, in the event of breach of this clause by the Contractor, to annul <br />this Contract without liability or, in its discretion, to deduct from the contract price or