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Contractor shall continuously protect and be responsible for any loss, destruction, or damage to <br />property which results from or is caused by Contractor's acts or omissions. Contractor shall be <br />liable to HCA for costs of repair or replacement for property or equipment that has been lost, <br />destroyed or damaged by Contractor or Contractor's employees, agents or subcontractors. Cost <br />of replacement shall be the current market value of the property and equipment on the date of <br />the loss as determined by HCA. <br />17.4. Notice of Damage <br />Upon the loss of, destruction of, or damage to any of the property, Contractor shall notify the <br />HCA Contract Manager thereof within one (1) Business Day and shall take all reasonable steps <br />to protect that property from further damage. <br />17.5. Surrender of Property <br />Contractor will ensure that the property will be returned to HCA in like condition to that in which it <br />was furnished to Contractor, reasonable wear and tear excepted. Contractor shall surrender to <br />HCA all property upon the earlier of expiration or termination of this Contract. <br />18. RIGHTS IN DATA <br />Unless otherwise provided, data which originates from this Agreement will be "works for hire" as <br />defined by the U.S. Copyright Act of 1976 and will be owned by HCA. Data will include, but not be <br />limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, <br />computer programs, films, tapes and/or sound reproductions. Ownership includes the right to <br />copyright, patent, register and the ability to transfer these rights. <br />19. 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 />20. SEVERABILITY <br />If any provision of this Agreement or any provision of any document incorporated by reference will be <br />held invalid, such invalidity will not affect the other provisions of this Agreement, which can be given <br />effect without the invalid provision if such remainder conforms to the requirements of applicable law <br />and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are <br />declared to be severable. <br />21. FUNDING AVAILABILITY <br />Washington State Page 8 of 24 HCA IAA K7843 <br />Health Care Authority <br />