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In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including <br />but not limited to the Centers for Medicare and Medicaid Services (CMS), will have a royalty- <br />free, nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise <br />use, and to authorize others to use for Federal Government purposes: (i) software, <br />modifications, and documentation designed, developed or installed with Federal Financial <br />Participation (FFP) under 45 CFR Part 95, subpart F; (ii) the Custom Software and <br />modifications of the Custom Software, and associated Documentation designed, developed, <br />or installed with FFP under this Agreement; (iii) the copyright in any work developed under <br />this Agreement; and (iv) any rights of copyright to which Contractor purchases ownership <br />under this Agreement. <br />4.35 SEVERABILITY <br />If any provision of this Agreement or the application thereof to any person(s) or <br />circumstances is held invalid, such invalidity will not affect the other provisions or <br />applications of this Agreement that can be given effect without the invalid provision, and to <br />this end the provisions or application of this Agreement are declared severable. <br />4.36 SITE SECURITY <br />While on HCA premises, Contractor, its agents, employees, or Subcontractors must conform <br />in all respects with physical, fire or other security policies or regulations. Failure to comply <br />with these regulations may be grounds for revoking or suspending security access to these <br />facilities. HCA reserves the right and authority to immediately revoke security access to <br />Contractor staff for any real or threatened breach of this provision . Upon reassignment or <br />termination of any Contractor staff, Contractor agrees to promptly notify HCA. <br />4.37 SUBCONTRACTING <br />4.37.1 Neither Contractor, nor any Subcontractors, may enter into subcontracts for <br />any of the work contemplated under this Agreement without prior written <br />approval of HCA. HCA has sole discretion to determine whether or not to <br />approve any such subcontract. In no event will the existence of the subcontract <br />operate to release or reduce the liability of Contractor to HCA for any breach in <br />the performance of Contractor's duties. <br />4.37.2 Any agreement between Contractor and a Subcontractor shall include the <br />terms and conditions that meet or exceed all requirements and conditions in <br />this Agreement that the Contractor is required to meet when providing services <br />to patients, clients, or persons seeking assistance, including but not limited to: <br />(1) identification of funding sources; (b) DUNS number and zip code +4 of <br />subcontractor; (c) determination of eligible clients; (d) payment or <br />reimbursement arrangement in compliance with the Fiscal/Program <br />Requirements; (e) termination of a subcontract shall be grounds for a fair <br />hearing for the service applicant or a grievance for the recipient if similar <br />services are immediately available in the County; (f) Contractor rights in the <br />Washington State <br />Health Care Authority Page 30 of90 HCA Contract No. K3924