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to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or
<br />revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB -
<br />RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the
<br />Department of Health and Human Services all internal policies and procedures, books, and records relating
<br />to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this
<br />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 seq., and shall be owned by the state of Washington. Work Product includes, but is not
<br />limited to, reports, documents, pamphlets, advertisement, books, magazines, 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 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
<br />law, the SUB -RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all
<br />rights in the Work Product and any registrations and copyright applications relating thereto and any renewals
<br />and extensions thereof.
<br />25.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior
<br />review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of
<br />the support provided by NHTSA and the 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_ q A VINGV%
<br />In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
<br />the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC
<br />may terminate the Agreement under the "TERMINATION 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 conditions.
<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 provision, if such remainder 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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