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DocuSign Envelope ID: 262ABA18-5354-4F41-9508-9B13C8ACBA6D <br />22. CONFIDENTIALITY <br />Each party agrees not to divulge, publish or otherwise make known to unauthorized persons <br />confidential information accessed under this Agreement. Contractor agrees that all materials <br />containing confidential information received pursuant to this Agreement, including, but not limited to <br />information derived from or containing patient records, claimant file and medical case management <br />report information, relations with HCA's Clients and its employees, and any other information which <br />may be classified as confidential, shall not be disclosed to other persons without HCA's written <br />consent except as may be required by law. <br />23. CONFIDENTIAL INFORMATION PROTECTION <br />Contractor acknowledges that some of the material and information that may come into its <br />possession or knowledge in connection with this Contract or its performance may consist of <br />Confidential Information. Contractor agrees to hold Confidential Information in strictest confidence <br />and not to make use of Confidential Information for any purpose other than the performance of this <br />Contract, to release it only to authorized employees or Subcontractors requiring such information <br />for the purposes of carrying out this Contract, and not to release, divulge, publish, transfer, sell, <br />disclose, or otherwise make the information known to any other party without RCA's express <br />written consent or as provided by law. Contractor agrees to implement physical, electronic, and <br />managerial safeguards to prevent unauthorized access to Confidential Information (See <br />Attachment 1: Confidential Information Security Requirements). <br />24. RIGHTS OF STATE AND FEDERAL GOVERNMENTS <br />In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, including but not <br />limited to the Centers for Medicare and Medicaid Services (CMS), will have a royalty -free, <br />nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to <br />authorize others to use for Federal Government purposes: (i) software, modifications, and <br />documentation designed, developed or installed with Federal Financial Participation (FFP) under <br />45 CFR Part 95, subpart F; (ii) the Custom Software and modifications of the Custom Software, <br />and associated Documentation designed, developed, or installed with FFP under this Contract; (iii) <br />the copyright in any work developed under this Contract; and (iv) any rights of copyright to which <br />Contractor purchases ownership under this Contract. <br />25, SEVERABILITY <br />If any provision of this Agreement or any provision of any document incorporated by reference will <br />be held invalid, such invalidity will not affect the other provisions of this Agreement, which can be <br />given effect without the invalid provision if such remainder conforms to the requirements of <br />applicable law and the fundamental purpose of this Agreement, and to this end the provisions of <br />this Agreement are declared to be severable. <br />26. FEDERAL FUNDING ACCOUNTABILITY & TRANSPARENCY ACT FFATA <br />26.1. This Contract is supported by federal funds that require compliance with the Federal <br />Funding Accountability and Transparency Act (FFATA or the Transparency Act). The <br />Washington State Page 19 of 53 HCA IAA K4649 <br />Health Care Authority Revised 10/2020 <br />