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ARTICLE VIII HIPAA - PROTECTED HEALTH INFORMATION WSALPHO acknowledges that that the work under this AGREEMENT may require compliance with "The Health Insurance Portability and Accountability Act of 1996" commonly known as HIPAA. WSALPHO shall not use protected health information in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions and Washington State privacy laws and further agrees not to use or disclose Protected Health Information other than as permitted or required by the AGREEMENT or as required by law. Contractor agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to Protected Health Information. WSALPHO Contractors that may use the LHJ Protected Health Information in the course of their work are considered to be a Business Associate of WSALPHO and the LHJ. The LHJ reserves the right to monitor, audit, or investigate the use of Protected Health Information collected, used, or acquired by Contractor through this AGREEMENT. The obligations set forth in this Section shall survive completion, cancellation, expiration, or termination of this AGREEMENT. ARTICLE IX INDEMNIFICATION Each party shall indemnify, defend and hold harmless, each other, its officers, agents and employees, from and against any and all claims, lawsuits, demands for money damages, losses or liability, or any portion thereof, including attorney's fees and costs, arising from the negligent acts or omissions of the parties, its employees, or representatives. ARTICLE X RIGHTS IN DATA Records and other documents in any medium, furnished by one party to this AGREEMENT to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. ARTICLE XI RECORDS, DOCUMENTS, AND REPORTS WSALPHO and its Contractor shall maintain books, records, documents, magnetic media, receipts, invoices and other evidence relating to this AGREEMENT and the performance of the services rendered, along with accounting procedures and practices, all of which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this AGREEMENT. At no additional cost, these records, including materials generated under this 5