|
WEMS
<br />procedures and protections to assure that records and documents provided by the other party are not
<br />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
<br />any other authorized agent or official of the state of Washington or the federal government, at all
<br />reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
<br />under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to
<br />comply with the right to access, amend, and receive an accounting of disclosures of their Personal
<br />Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any
<br />regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington
<br />State law. The SUB- RECIPIENT shall upon request make available to the WTSC and the United States
<br />Secretary of the Department of Health and Human Services all internal policies and procedures, books,
<br />and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as
<br />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
<br />Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright
<br />Act,17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is
<br />not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies,
<br />computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software,
<br />and/or databases to the extent provided by law. Ownership includes the right to copyright, register the
<br />copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to
<br />otherwise use and transfer these rights.
<br />23.2. If for any reason the Work Product would not be considered a work made for hire under applicable
<br />law, the SUB- RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all
<br />rights in the Work Product and any registrations and copyright applications relating thereto and any
<br />renewals and extensions thereof.
<br />23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior
<br />review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of
<br />the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed
<br />under this project shall be referred to the WTSC, who will determine through NHTSA whether patent
<br />protections will be sought, how any rights will be administered, and other actions required to protect the
<br />public interest.
<br />24. SAVINGS
<br />In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
<br />the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC
<br />may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-day
<br />notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new
<br />Page 11 of 20
<br />
|