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regulations implementing Section 508 of the Rehabilitation Act, including the Web Content <br />Accessibility Guidelines (WCAG) 2.1 Level AA Success Criteria and Conformance <br />Requirements (2008), which are incorporated by reference, and the functional performance <br />criteria. <br />6.2. DOCUMENTATION. Contractor shall maintain and retain, subject to review by HCA, full <br />documentation of the measures taken to ensure compliance with the applicable requirements <br />and functional performance criteria, including records of any testing or simulations conducted. <br />6.3. REMEDIATION. If the Contractor claims that its products or services satisfy the applicable <br />requirements and standards specified in this Section and it is later determined by HCA that any <br />furnished product or service is not in compliance with such requirements and standards, HCA <br />will promptly inform Contractor in writing of noncompliance. Contractor shall, at no additional <br />cost to HCA, repair or replace the non -compliant products or services within the period specified <br />by HCA. If the repair or replacement is not completed within the specified time, HCA may cancel <br />the contract, delivery, task order, or work order, or purchase line item without termination <br />liabilities or have any necessary changes made or repairs performed by employees of HCA or <br />by another contractor, and Contractor shall reimburse HCA for any expenses incurred thereby. <br />6.4. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless HCA from any claim <br />arising out of failure to comply with the aforesaid requirements. <br />7. AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS <br />This Agreement may be amended by mutual agreement of the parties. Such amendments are not <br />binding unless they are in writing and signed by an Authorized Representative of each party. <br />8. SUBCONTRACTING <br />Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work <br />contemplated under this Agreement without obtaining HCA's prior written approval. HCA shall have <br />no responsibility for any action of any such Subcontractors. <br />9. SUBRECIPIENT <br />If the Contractor is a subrecipient (as defined in 45 C.F.R. 75.2 and 2 C.F.R. 200.93) of federal <br />awards. then the Contractor shall: <br />9.1. Comply with 2 C.F.R. 200.501 and 45 C.F.R. 75.501; and <br />9.2. Overpayments: If it is determined by HCA, or during the course of a required audit, that <br />Contractor has been paid unallowable costs under this or any program agreement, Contractor <br />will refund the full amount to HCA. In the event that overpayments or erroneous payments have <br />been made to the Contractor under this Contract, HCA will provide written notice to Contractor <br />and Contractor will refund the full amount to HCA within thirty (30) calendar days of the notice. If <br />the Contractor disagrees with HCA's actions under this section, then it may invoke the dispute <br />resolution provisions of Section 13, Disputes. <br />Washington State Page 5 of 24 HCA IAA K7843 <br />Health Care Authority <br />