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4.41.2 Use of Property <br />Any property furnished to Contractor shall, unless otherwise provided herein, or <br />approved in writing by the HCA Contract Manager, be used only for the <br />performance of and subject to the terms of this Contract. Contractor's use of the <br />equipment shall be subject to RCA's security, administrative and other <br />requirements. <br />4.41.3 Damage to Property <br />Contractor shall continuously protect and be responsible for any loss, destruction, or <br />damage to property which results from or is caused by Contractor's acts or <br />omissions. Contractor shall be liable to HCA for costs of repair or replacement for <br />property or equipment that has been lost, destroyed or damaged by Contractor or <br />Contractor's employees, agents or subcontractors. Cost of replacement shall be the <br />current market value of the property and equipment on the date of the loss as <br />determined by HCA. <br />4.41.4 Notice of Damage <br />Upon the loss of, destruction of, or damage to any of the property, Contractor shall <br />notify the HCA Contract Manager thereof within one (1) Business Day and shall <br />take all reasonable steps to protect that property from further damage. <br />4.41.5 Surrender of Property <br />Contractor will ensure that the property will be returned to HCA in like condition to <br />that in which it was furnished to Contractor, reasonable wear and tear excepted. <br />Contractor shall surrender to HCA all property upon the earlier of expiration or <br />termination of this Contract. <br />4.42 WAIVER <br />Waiver of any breach of any term or condition of this Contract will not be deemed a waiver <br />of any prior or subsequent breach or default. No term or condition of this Contract will be <br />held to be waived, modified, or deleted except by a written instrument signed by the <br />parties. Only the HCA Authorized Representative has the authority to waive any term or <br />condition of this Contract on behalf of HCA. <br />4.43 WARRANTIES <br />4.43.1 Contractor represents and warrants that it will perform all services pursuant to this <br />Contract in a professional manner and with high quality and will immediately re- <br />perform any services that are not in compliance with this representation and <br />warranty at no cost to HCA. <br />Washington State 27 Description of Services <br />Health Care Authority HCA Contract #K5885 <br />