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in the performance of this Contract. At no additional cost, these records, including
<br />materials generated under this Contract, are subject at all reasonable times to
<br />inspection, review, or audit by HCA, the Office of the State Auditor, and state and
<br />federal officials so 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 431,
<br />Subpart Q; and 42 CFR 447.202].
<br />4.29.2 The Contractor must retain such records for a period of six (6) years after the date
<br />of final payment under this Contract.
<br />4.29.3 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 />4.30 REMEDIES NON-EXCLUSIVE
<br />The remedies provided in this Contract are not exclusive but are in addition to all other
<br />remedies available under law.
<br />4.31 RIGHT OF INSPECTION
<br />The Contractor must provide right of access to its facilities to HCA, or any of its officers, or
<br />to any other authorized agent or official of the state of Washington or the federal
<br />government, at all reasonable times, in order to monitor and evaluate performance,
<br />compliance, and/or quality assurance under this Contract.
<br />4.32 RIGHTS IN DATA/OWNERSHIP
<br />4.32.1 HCA and Contractor agree that all data and work products (collectively "Work
<br />Product") produced pursuant to this Contract will be considered a work for hire
<br />under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and will be owned by HCA.
<br />Contractor is hereby commissioned to create the Work Product. Work Product
<br />includes, but is not limited to, discoveries, formulae, ideas, improvements,
<br />inventions, methods, models, processes, techniques, findings, conclusions,
<br />recommendations, reports, designs, plans, diagrams, drawings, Software,
<br />databases, documents, pamphlets, advertisements, books, magazines, surveys,
<br />studies, computer programs, films, tapes, and/or sound reproductions, to the extent
<br />provided by law. Ownership includes the right to copyright, patent, register and the
<br />ability to transfer these rights and all information used to formulate such Work
<br />Product.
<br />4.32.2 If for any reason the Work Product would not be considered a work for hire under
<br />applicable law, Contractor assigns and transfers to HCA, the entire right, title and
<br />interest in and to all rights in the Work Product and any registrations and copyright
<br />applications relating thereto and any renewals and extensions thereof.
<br />Washington State 21 Description of Services
<br />Health Care Authority HCA Contract #K5885
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