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<br />4. Assignment
<br />Neither this Grant Agreement, work thereunder, nor any claim arising under this Grant Agreement, shall
<br />be transferred or assigned by the GRANTEE without prior written consent of COMMERCE.
<br />5. Breaches of Other State Contracts
<br />GRANTEE is expected to comply with all other contracts and grant agreements executed between
<br />GRANTEE and the State of Washington. A breach of any other contract or grant agreement entered
<br />into between GRANTEE and the State of Washington may, in COMMERCE's sole discretion, be
<br />deemed a breach of this Grant Agreement.
<br />6. Code Requirements
<br />All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
<br />federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the
<br />Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
<br />building Department.
<br />7. Confidentiality and Safeguarding of Information
<br />A. "Confidential Information" as used in this section includes:
<br />i. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" by
<br />COMMERCE;
<br />ii. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE;
<br />and
<br />iii. All personal information in the possession of the GRANTEE that may not be disclosed under
<br />state or federal law.
<br />B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
<br />sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
<br />solely for the purposes of this Grant Agreement and shall not use, share, transfer, sell or disclose
<br />any Confidential Information to any third party except with the prior written consent of COMMERCE
<br />or as may be required by law. The GRANTEE shall take all necessary steps to assure that
<br />Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
<br />disclosure of Confidential Information or violation of any state or federal laws related thereto.
<br />C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
<br />days of any unauthorized use or disclosure of any confidential information, and shall take necessary
<br />steps to mitigate the harmful effects of such use or disclosure.
<br />8. Copyright
<br />Unless otherwise provided, all Materials produced under this Grant Agreement shall be considered
<br />"works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE
<br />shall be considered the author of such Materials. In the event the Materials are not considered "works
<br />for hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
<br />interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
<br />COMMERCE effective from the moment of creation of such Materials.
<br />"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
<br />pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
<br />and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability
<br />to transfer these rights.
<br />For Materials that are delivered under the Grant Agreement, but that incorporate pre-existing materials
<br />not produced under the Grant Agreement, the GRANTEE hereby grants to COMMERCE a
<br />nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to
<br />translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The
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