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and their permitted successors and assigns. <br />4.5 ATTORNEYS' FEES <br />In the event of litigation or other action brought to enforce the terms of this Agreement, each <br />party agrees to bear its own attorneys' fees and costs. <br />4.6 CHANGE IN STATUS <br />In the event of any substantive change in its legal status, organizational structure, or fiscal <br />reporting responsibility, Contractor will notify HCA of the change. Contractor must provide <br />notice as soon as practicable, but no later than thirty (30) calendar days after such a change <br />takes effect. <br />4.7 CONFIDENTIAL INFORMATION PROTECTION <br />4 . 7.1 Contractor acknowledges that some of the material and information that may <br />come into its possession or knowledge in connection with this Agreement or its <br />performance may consist of Confidential Information. Contractor agrees to hold <br />Confidential Information in strictest confidence and not to make use of <br />Confidential Information for any purpose other than the performance of this <br />Agreement, to release it only to authorized employees or Subcontractors <br />requiring such information for the purposes of carrying out this Agreement, and <br />not to release, divulge, publish, transfer, sell, disclose, or otherwise make the <br />information known to any other party without HCA's express written consent or <br />as provided by law. <br />4.7.2 Contractor agrees to implement physical, electronic, and managerial <br />safeguards to prevent unauthorized access to Confidential Information (See <br />Attachment 1: Confidential Information Security Requirements). <br />4.7.3 Contractors that come into contact with Protected Health Information may be <br />required to enter into a Business Associate Agreement with HCA in compliance <br />with the requirements of the Health Insurance Portability and Accountability Act <br />of 1996, Pub. L. 104-191, as modified by the American Recovery and <br />Reinvestment Act of 2009 ("ARRA"), Sec. 13400 -13424, H.R. 1 (2009) <br />(HITECH Act) (HIPAA). <br />4.7.4 HCA reserves the right to monitor, audit, or investigate the use of Confidential <br />Information collected, used, or acquired by Contractor through this Agreement. <br />Violation of this section by Contractor or its Subcontractors may result in <br />termination of this Agreement and demand for return of all Confidential <br />Information, monetary damages, or penalties. <br />Washington State <br />Health Care Authority Page 20 of90 HCA Contract No . K3924