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times, in order to monitor and evaluate performan ce, compl iance , and /or quality assurance under th is
<br />Agreement. The SUB-RECrPrENT sh a ll make available information necessary for WTSC to comply with the
<br />right to acces s, ame nd, and receive an acc ounting of disclosures of their Personal [nfomiation according to
<br />the Health Insurance Portability and Accountability Act of 1996 (HlPAA) or any regulations enacted or
<br />revised pursuant to the HI PAA provisi ons and applicable provisions of Washingt on State law . The SUB-
<br />RECIPIENT sl1all upon request make available to the WTSC and the Un ited States Secretary of the
<br />Department of Hea lth and Human Services all intt!rn a l policies and pr ocedures, books , and rec ords r lat ing to
<br />the safr guarding , use. and discl os ure of Personal In fo rmation obtained or u ·ed 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 §IO I et seq., and shall be owned by the state of Washington. Work Product includes, but is not
<br />limited to , reports, documents, pamphlets, advert isement, books, magaz ines , surveys , studies, computer
<br />programs, 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,
<br />prepare derivative works , publicly perfomi , 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,
<br />the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in
<br />the Work Product and any registrations and copyright applications relating thereto and any renewals and
<br />extensions thereof.
<br />25 .3. The S UB-RECIPIENT ma y publish , at its own expense, the results of project activities without prior
<br />re vi ew by the WTSC , provided that any publications (written, visual, or sound) contain acknowledgment of
<br />the support provided by NHTSA and che WTSC. Any discovery or invention derived from work performed
<br />under this project shall be referred to the WTSC, who will determine through NHTSA whether patent
<br />protections will be sought, how any rights will be administered, and other actions required to protect the
<br />public interest.
<br />26. SAVINGS
<br />In the event funding from state , federal , or other sources is withdrawn, reduced, or limited in any way after
<br />the effective dare of this Agreement and prior to completion of the SOW under this Agreement, the WTSC
<br />may terminate the Agr eement under the "TERNIINATION FOR CONVENIENCE" clause, without the 30-
<br />day notice requirement. The Agreement is subject to renegotiation at the WTSC 's discretion under any new
<br />funding limitations or co nditions.
<br />27. 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
<br />without the invalid provi s ion, if such rema inder conforms to the requirements of applicable law and the
<br />fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be
<br />severable .
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