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4. GENERAL TERMS AND CONDITIONS <br />4.9 ACCESS TO DATA <br />In compliance with RCW 39.26.180 (2) and federal rules, the Contractor must provide <br />access to any data generated under this Contract to HCA, the Taint Legislative Audit and <br />Review Committee, the State Auditor, and any other state or federal officials so authorized <br />by law, rule, regulation, or agreement at no additional cost. This includes access to all <br />information that supports the findings, conclusions, and recommendations of the <br />Contractor's reports, including computer models and methodology for those models. <br />4.2 ADVANCE PAYMENT PROHIBITED <br />No advance payment will be made for services furnished by the Contractor pursuant to <br />this Contract. <br />4.3 AMENDMENTS <br />This Contract may be amended by mutual agreement of the parties. Such amendments <br />will not be binding unless they are in writing and signed by personnel authorized to bind <br />each of the parties. <br />4.4 ASSIGNMENT <br />4.4.1 Contractor may not assign or transfer all or any portion of this Contract or any of its <br />rights hereunder, or delegate any of its duties hereunder, except delegations as set <br />forth in Section 4.36, Subcontracting, without the prior written consent of HCA. Any <br />permitted assignment will not operate to relieve Contractor of any of its duties and <br />obligations hereunder, nor will such assignment affect any remedies available to <br />HCA that may arise from any breach of the provisions of this Contract or warranties <br />made herein, including but not limited to, rights of setoff. Any attempted assignment, <br />transfer or delegation in contravention of this Subsection 4.4.1 of the Contract will <br />be null and void. <br />4.4.2 HCA may assign this Contract to any public agency, commission, board, or the like, <br />within the political boundaries of the State of Washington, with written notice of thirty <br />(30) calendar days to Contractor. <br />4.4.3 This Contract will inure to the benefit of and be binding on the parties hereto and <br />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 Contract, each <br />party agrees to bear its own attorneys' fees and costs. <br />Washington State 12 Description of Services <br />Health Care Authority HCA Contract #K5885 <br />