|
auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these
<br />materials during this period.
<br />21 2 Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain
<br />the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this
<br />material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to
<br />respond. Each party will utilize reasonable security procedures and protections to assure that records and documents
<br />provided by the other party are not erroneously disclosed to third parties.
<br />22. RIGHT OF INSPECTION
<br />The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized
<br />agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate
<br />performance, compliance, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available
<br />information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their
<br />Personal lnformation according to the Health lnsurance Portability and Accountability Act of '1996 (HIPAA) or any regulations
<br />enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-
<br />RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health
<br />and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure
<br />of Personal lnformation obtained or used as a result of this Agreement.
<br />23. RIGHTS IN DATA
<br />23 1 WTSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this
<br />Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC S101 et seq., and shall be owned
<br />bythe state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books,
<br />magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings,
<br />software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright,
<br />distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights.
<br />23 2 lf for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-
<br />RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any
<br />registrations and copyright applications relating thereto and any renewals and extensions thereof.
<br />23 3 The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the
<br />WISC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by
<br />NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to
<br />the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be
<br />administered, and other actions required to protect the public interest.
<br />24. SAVINGS
<br />ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date
<br />of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under
<br />the "TERMINATION FOR CONVENIENCE" clause, without the 30-day notice requirement. The Agreement is subject to
<br />renegotiation at the WTSC's discretion under any new funding limitations or conditions.
<br />25. SEVERABILITY
<br />page 9 of 16
|