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or terminated in whole or in part under the Termination for Default sections, and Contractor <br />may be declared ineligible for further Agreements with HCA. <br />4.27 OVERPAYMENTS TO CONTRACTOR <br />In the event that overpayments or erroneous payments have been made to the Contractor <br />under this Agreement, HCA will provide written notice to Contractor and Contractor shall <br />refund the full amount to HCA within thirty (30) calendar days of the notice. If Contractor fails <br />to make timely refund, HCA may charge Contractor one percent (1 %) per month on the <br />amount due, until paid in full. If the Contractor disagrees with HCA's actions under this <br />section, then it may invoke the dispute resolution provisions of Section 4.13 Disputes. <br />4.28 PAY EQUITY <br />4.28.1 Contractor represents and warrants that, as required by Washington state law <br />(Laws of 2017, Chap. 1, § 147), during the term of this Agreement, it agrees to <br />equality among its workers by ensuring similarly employed individuals are <br />compensated as equals. For purposes of this provision, employees are <br />similarly employed if (i) the individuals work for Contractor, (ii) the performance <br />of the job requires comparable skill, effort, and responsibility, and (iii) the jobs <br />are performed under similar working conditions. Job titles alone are not <br />determinative of whether employees are similarly employed. <br />4.28.2 Contractor may allow differentials in compensation for its workers based in <br />good faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) <br />a system that measures earnings by quantity or quality of production; (iv) bona <br />fide job- related factor(s); or (v) a bona fide regional difference in compensation <br />levels. <br />4.28.3 Bona fide job-related factor(s)" may include, but not be limited to, education, <br />training, or experience, that is: (i) consistent with business necessity; (ii) not <br />based on or derived from a gender-based differential; and (iii) accounts for the <br />entire differential. <br />4.28.4 A "bona fide regional difference in compensation level" must be (i) consistent <br />with business necessity; (ii) not based on or derived from a gender-based <br />differential; and (iii) account for the entire differential. <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 <br />(30) Days of HCA's request for such evidence, HCA may suspend or terminate <br />this Agreement. <br />4.29 PUBLICITY <br />4.29.1 The award of this Agreement to Contractor is not in any way an endorsement <br />Washington State Page 27 HCA Contract No. K3924 <br />Health Care Authority <br />