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compensated as equals. For purposes of this provision, employees are similarly <br />employed if (i) the individuals work for Contractor, (ii) the performance of the job <br />requires comparable skill, effort, and responsibility, and (iii) the jobs are performed <br />under similar working conditions. Job titles alone are not determinative of whether <br />employees are similarly employed. <br />4.27.2 Contractor may allow differentials in compensation for its workers based in good <br />faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system <br />that measures earnings by quantity or quality of production; (iv) bona fide job- <br />related factor(s); or (v) a bona fide regional difference in compensation levels. <br />4.27.3 Bona fide job-related factor(s)" may include, but not be limited to, education, <br />training, or experience, that is: (i) consistent with business necessity; (ii) not based <br />on or derived from a gender-based differential; and (iii) accounts for the entire <br />differential. <br />4.27.4 A "bona fide regional difference in compensation level" must be (i) consistent with <br />business necessity; (ii) not based on or derived from agender-based differential; <br />and (iii) account for the entire differential. <br />4.27.5 Notwithstanding any provision to the contrary, upon breach of warranty and <br />Contractor's failure to provide satisfactory evidence of compliance within thirty (30) <br />Days of HCA's request for such evidence, HCA may suspend or terminate this <br />Contract. <br />4.28 PUBLICITY <br />4.28.1 The award of this Contract to Contractor is not in any way an endorsement of <br />Contractor or Contractor's Services by HCA and must not be so construed by <br />Contractor in any advertising or other publicity materials. <br />4.28.2 Contractor agrees to submit to HCA, all advertising, sales promotion, and other <br />publicity materials relating to this Contract or any Service furnished by Contractor in <br />which HCA's name is mentioned, language is used, or Internet links are provided <br />from which the connection of HCA's name with Contractor's Services may, in HCA's <br />judgment, be inferred or implied. Contractor further agrees not to publish or use <br />such advertising, marketing, sales promotion materials, publicity or the like through <br />print, voice, the Web, and other communication media in existence or hereinafter <br />developed without the express written consent of NCA prior to such use. <br />4.29 RECORDS AND DOCUMENT REVIEW <br />4.29.1 The Contractor must maintain books, records, documents, magnetic media, <br />receipts, invoices or other evidence relating to this Contract and the performance of <br />the services rendered, along with accounting procedures and practices, all of which <br />sufficiently and properly reflect all direct and indirect costs of any nature expended <br />Washington State 20 Description of Services <br />Health Care Authority HCA Contract #K5885 <br />