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links are provided from which the connection of HCA's name with Contractor's <br />Services may, in HCA's judgment, be inferred or implied. Contractor further <br />agrees not to publish or use such advertising, marketing, sales promotion <br />materials, publicity or the like through print, voice, the Web, and other <br />communication media in existence or hereinafter developed without the <br />express written consent of HCA prior to such use. <br />4.30 RECORDS AND DOCUMENTS REVIEW <br />4.30.1 The Contractor must maintain books, records, documents, magnetic media, <br />receipts, invoices or other evidence relating to this Agreement and the <br />performance of the services rendered, along with accounting procedures and <br />practices, all of which sufficiently and properly reflect all direct and indirect <br />costs of any nature expended in the performance of this Agreement. At no <br />additional cost, these records, including materials generated under this <br />Agreement, are subject at all reasonable times to inspection, review, or audit by <br />HCA, the Office of the State Auditor, and state and federal officials so <br />authorized by law, rule, regulation, or agreement [See 42 USC <br />1396a(a)(27)(8); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR <br />431, Subpart Q; and 42 CFR 447.202]. <br />4.30.2 The Contractor must retain such records for a period of six (6) years after the <br />date of final payment under this Agreement. <br />4.30.3 If any litigation, claim or audit is started before the expiration of the six (6) year <br />period, the records must be retained until all litigation, claims , or audit findings <br />involving the records have been resolved. <br />4.31 REMEDIES NON-EXCLUSIVE <br />The remedies provided in this Agreement are not exclusive, but are in addition to all other <br />remedies available under law. <br />4.32 RIGHT OF INSPECTION <br />The Contractor must provide right of access to its facilities to HCA, or any of its officers, or to <br />any other authorized agent or official of the state of Washington or the federal government, <br />at all reasonable times, in order to monitor and evaluate performance, compliance, and/or <br />quality assurance under this Agreement. <br />4.33 RIGHTS IN DATA/OWNERSHIP <br />4.33.1 HCA and Contractor agree that all data and work products (collectively "Work <br />Product") produced pursuant to this Agreement will be considered a work for <br />hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by <br />HCA. Contractor is hereby commissioned to create the Work Product. Work <br />Washington State <br />Health Care Authority Page 28 of90 HCA Contract No. K3924