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<br />Washington State <br />Health Care Authority Page 22 of 53 Contract # 2747 <br /> <br /> <br />4.28.5 Notwithstanding any provision to the contrary, upon breach of warranty and <br />Contractor’s failure to provide satisfactory evidence of compliance within thirty (30) <br />days of HCA’s request for such evidence, HCA may suspend or terminate this <br />Contract. <br />4.29 PUBLICITY <br />4.29.1 The award of this Contract to Contractor is not in any way an endorsement of <br />Contractor or Contractor’s Services by HCA and must not be so construed by <br />Contractor in any advertising or other publicity materials. <br />4.29.2 Contractor agrees to submit to HCA, all advertising, sales promotion, and other <br />publicity materials relating to this Contract or any Service furnished by Contractor in <br />which HCA’s name is mentioned, language is used, or Internet links are provided <br />from which the connection of HCA’s name with Contractor’s Services may, in HCA’s <br />judgment, be inferred or implied. Contractor further agrees not to publish or use <br />such advertising, marketing, sales promotion materials, publicity or the like through <br />print, voice, the Web, and other communication media in existence or hereinafter <br />developed without the express written consent of HCA prior to such use. <br />4.30 RECORDS AND DOCUMENTS REVIEW <br />4.30.1 The Contractor must maintain books, records, documents, magnetic media, <br />receipts, invoices or other evidence relating to this Contract and the performance of <br />the services rendered, along with accounting procedures and practices, all of which <br />sufficiently and properly reflect all direct and indirect costs of any nature expended <br />in the performance of this Contract. At no additional cost, these records, including <br />materials generated under this Contract, are subject at all reasonable times to <br />inspection, review, or audit by HCA, the Office of the State Auditor, and state and <br />federal officials so authorized by law, rule, regulation, or agreement [See 42 USC <br />1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431, <br />Subpart Q; and 42 CFR 447.202]. <br />4.30.2 The Contractor must retain such records for a period of six (6) years after the date <br />of final payment under this Contract. <br />4.30.3 If any litigation, claim or audit is started before the expiration of the six (6) year <br />period, the records must be retained until all litigation, claims, or audit findings <br />involving the records have been resolved. <br />4.31 REMEDIES NON-EXCLUSIVE <br />The remedies provided in this Contract are not exclusive, but are in addition to all other <br />remedies available under law.