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DOH CONTRACT #: CLH3l015
<br />24. Oriler of Precedence
<br />In the event of an-inconsistency in the terms ofthis Contract, or between its terms and any applicable statute or rule, theinconsistency shall be resolved by giving precedence in the following order:
<br />' Applicable state and federal statutes, and local laws, rules and regulations.o Terms and conditions of this Contract.o Statements of Work.
<br />o 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 theother parfy, will.remain the property of the fumishing party, unless otherwise agreed. Data which is delivered underthe contract shall be transfened to DoH with a non.*ilurirr", royalty-free, perietual, irrevocable license to publish,t3n1late, reproduceo modify, deliver, perform, dispose of, and to authorize others to do so; provided that such licenseshall be limited to the extent which the LHJ has a right to grant such a license. The LHJ shall exert all reasonable effortto advise DoH, at the time of delivery of data furnisheJunder this Contract, of all known or potential invasions ofprivacy contained. therein and of any portion of such document which was not produced in the performance of thisContract' DoH shall receive prompt written notice of each notice or claim or copyright infringement received by theLHJ with respect to any data delivered under this Contract. DoH shall have the rigrri to mooiff oi remove any restrictivemarkings placed upon the data by the LHJ, provided that if DoH modifies or..rn-ou., such markings without the LHJ,sapproval, it assumes all liability for doing so.
<br />26. Publications
<br />{ny program reports, articles, and publications that result from information gathered through use of state and federalfunds must acknowle'lge receiving support from DoH and/or the appropriate"federal agencies. Correspondingly, suchdocuments resulting from information gathered through use of loCal funds must ack}owledge receip of such localsupport.
<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, andaqents in the performance of this Contract. Neither party to this Contract will be responsible for the acts and omissionsof entities or individuals not party to this contract.
<br />-odu
<br />and the LHJ shall .oop.iui. in the defense of tort lawsuits,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 afterthe cffcctivedate of this contract and prior to normal completion, DoH may elect to suspend or terminate tire contract, in whole orin part, under the "Termination for Convenience" clause witir a ten (10) business day notice to LHJ, to the extentpossible, subject to renegotiation at DOH's discretion under those nr* fi.111ding 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 tenns orconditions of this Contract, provided, however, that the remaining terms and conditions can still iairly be given effect.
<br />30. Subcontracts
<br />unless specifically noted as not allowable within a Statement of work, the LHJ may subcontract any or all of theservices or other obligations specified in this Contract. The LHJ will require the subcontractor to comply with all theapplicable terms and conditions ofthis Contract, including all terms, conditions, certifications and assurances. The LHJagrees it is responsible for assuring adequate performanc- on the part ofthe su6contractor.
<br />The parties agree that all subcontractors must be responsible for any liabilities created by their actions or omissions. Inthe event DOH, LHJ, and subcontractor are found by a jury or trier of fact to be jointly and severally liable for personalinjury damages arising from any act or omission, thln iac-h entity shall be responsibl! fb; ilp;"p"rt;;;;;*..
<br />2022-2024 Consolidated Contract page 8 of 16
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