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DOH CONTRACT #: CLHI8249
<br />ineligible for further contracts with DOH. The LHJ shall, however, be given a reasonable time in which to cure this
<br />noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set fofth herein.
<br />24. Order of Precedence
<br />In the event of an inconsistency in the terms of this Contract, or between its terms and any applicable statute or rule, the
<br />inconsistency shall be resolved by giving precedence in the following order:
<br />o Applicable state and federal statutes, and local laws, rules and regulations.
<br />o Terms and conditions of this Contract.
<br />o Statements of Work.
<br />. Any other provisions of this Contract, including other materials incorporated by reference.
<br />25. Ownership of Material/Rights in Data
<br />Records and other documents relevant to this Contract, in any medium, furnished by one party to this Contract to the
<br />other party, will remain the property of the fumishing party, unless otherwise agreed. Data which is delivered under
<br />the Contract shall be transferred to DOH with a nonexclusive, royalty-free, perpetual, irrevocable license to publish,
<br />translate, reproduce, modify, deliver, perform, dispose of, and to authorize others to do so; provided that such license
<br />shall be limited to the extent which the LHJ has a right to grant such a license. The LHJ shall exert all reasonable effort
<br />to advise DOH, at the time of delivery of data furnished under this Contract, of all known or potential invasions of
<br />privacy contained therein and of any portion of such document which was not produced in the performance of this
<br />Contract. DOH shall receive prompt written notice of each notice or claim or copyright infringement received by the
<br />LHJ with respect to any data delivered under this Contract. DOH shall have the right to modify or remove any restrictive
<br />markings placed upon the data by the LHJ, provided that if DOH modifies or removes such markings without the LHJ's
<br />approval, it assumes all liability for doing so.
<br />26. Publications
<br />Any program reports, articles, and publications that result from information gathered through use ofstate and federal
<br />funds must acknowledge receiving support from DOH and/or the appropriate federal agencies. Correspondingly, such
<br />documents resulting from information gathered through use of local funds must acknowledge receipt of such local
<br />support.
<br />27. Responsibility for Actions
<br />Each party to this Contract shall be solely responsible for the acts and omissions of its own officers, employees, and
<br />agents in the performance of this Contract. Neither party to this Contract will be responsible for the acts and omissions
<br />of entities or individuals not party to this Contract. DOH and the LHJ shall cooperate in the defense of tort lawsuits,
<br />when possible.
<br />28. Loss or Reduction of Funding
<br />In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective
<br />date of this contract and prior to normal completion, DOH may elect to suspend or terminate the contract, in whole or
<br />in part, under the "Termination for Convenience" clause with a ten (10) business day notice to LHJ, to the extent
<br />possible, subject to renegotiation at DOH's discretion under those new funding limitations and conditions.
<br />29. Severability
<br />If any term or condition of this Contract is held invalid, such invalidity shall not affect the validity of the other terms or
<br />conditions of this Contract, provided, however, that the remaining terms and conditions can still fairly be given effect.
<br />30. Subcontracts
<br />The LHJ may subcontract any or all of the services or other obligations specified in this Contract. The LHJ will require
<br />the subcontractor to comply with all the applicable terms and conditions of this Contract, including all terms, conditions,
<br />certifications and assurances. The LHJ agrees it is responsible for assuring adequate performance on the part of the
<br />subcontractor.
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