|
times,in order to monitor and evaluate performance,compliance,and/or quality assurance under thisAgreement.The SUB-RECfPlENT shall make available information necessary for WTSC to comply with therighttoaccess,amend,and receive an accounting of disclosures of their Personal Information according to
<br />the Health Insurance Portability and Accountability Act of 1996 (HIPAA)or any regulations enacted orrevisedpursuanttotheHIPAAprovisionsandapplicableprovisionsofWashingtonStatelaw.The SUB-RECIPIENT shall upon request make available to the WTSC and the United States Secretary of theDepartmentofHealthandHumanServicesallinternalpoliciesandprocedures,books.and records relating to
<br />the safeguarding,use.and disclosure of Personal Information obtained or used as a result of this Agreement.
<br />25.RIGHTS IN DATA
<br />25.1.WTSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work
<br />Product")pursuant to this Agreement shall be considered works made for hire under the U.S.Copyright Act,
<br />17 USC §101 et seg.,and shall be owned by the state of Washington.Work Product includes,but is notlimitedto,reports,documents,pamphlets,advertisement,books,magazines,surveys,studies,computerprograms,films,tapes,sound reproductions,designs,plans,diagrams,drawings,software,and/or databases
<br />to the extent provided by law.Ownership includes the right to copyright,register the copyright,distribute,prepare derivative works,publicly perform,publicly display,and the ability to otherwise use and transfer
<br />these rights.
<br />25.2.If for any reason the Work Product would not be considered a work made for hire under applicable law,the SUB-RECIPIENT assigns and transfers to WTSC the entire right,title,and interest in and to all rights intheWorkProductandanyregistrationsandcopyrightapplicationsrelatingtheretoandanyrenewalsandextensionsthereof.
<br />25.3.The SUB-RECIPIENT may publish.at its own expense,the results of project activities without priorreviewbytheWTSC,provided that any publications (written,visual,or sound)contain acknowledgment ofthesupportprovidedbyNHTSAandtheWTSC.Any discovery or invention derived from work performedunderthisprojectshallbereferredtotheWTSC,who will determine through NHTSA whether patentprotectionswillbesought,how any rights will be administered,and other actions required to protect thepublicinterest.
<br />26.SAVINGS
<br />In the event funding from state,federal.or other sources is withdrawn,reduced,or limited in any way aftertheeffectivedateofthisAgreementandpriortocompletionoftheSOWunderthisAgreement,the WTSCmayterminatetheAgreementunderthe"TERMINATION FOR CONVENIENCE"clause,without the 30-day notice requirement.The Agreement is subject to renegotiation at the WTSC's discretion under any newfundinglimitationsorconditions.
<br />27.SEVERABILITY
<br />If any provision of this Agreement or any provision of any document incorporated by reference shall be heldinvalid,such invalidity shall not affect the other provisions of this Agreement which can be given effectwithouttheinvalidprovision,if such remainder conforms to the requirements of applicable law and thefundamentalpurposeofthisAgreement,and to this end the provisions of this Agreement are declared to beseverable.
|