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liable for contract damages as authorized by law including, but not limited to, any cost
<br />difference between the original contract and the replacement or cover contract and all
<br />administrative costs directly related to the replacement contract, which damages are distinct
<br />from any penalties imposed under Chapter 49.60, RCW. DOH shall have the right to deduct
<br />from any monies due to LHJ or subcontractor, or that thereafter become due, an amount for
<br />damages LHJ or subcontractor will owe DOH for default under this provision thereafter
<br />become due, an amount for damages LHJ or subcontractor will owe DOH for default under this
<br />provision.
<br />PRIVACY: Personal information collected, used or acquired in connection with this Agreement shall be
<br />used solely for the purposes of this Agreement. LHJ and its subcontractors agree not to release, divulge,
<br />publish, transfer, sell or otherwise make known to unauthorized persons personal information without the
<br />express written consent of the agency or as provided by law. LHJ agrees to implement physical, electronic
<br />and managerial safeguards to prevent unauthorized access to personal information.
<br />DOH reserves the right to monitor, audit or investigate the use of personal information collected, used or
<br />acquired by the LHJ through this Agreement. The monitoring, auditing, or investigating may include but is
<br />not limited to "salting" by DOH. LHJ shall certify the return or destruction of all personal information upon
<br />expiration of this Agreement. Salting is the act of placing a record containing unique but false information
<br />in a database that can be used later to identify inappropriate disclosure of data contained in the database.
<br />Any breach of this provision may result in termination of the Agreement and the demand for return of all
<br />personal information. The LHJ agrees to indemnify and hold harmless DOH for any damages related to the
<br />LHJ's unauthorized use of personal information.
<br />RECORDS MAINTENANCE: The parties to this Agreement shall each maintain books, records,
<br />documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended
<br />by either party in the performance of the services described herein. These records shall be subject to
<br />inspection, review or audit by personnel of both parties, other personnel duly authorized by either party,
<br />the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents,
<br />and other material relevant to this Agreement will be retained for six years after expiration and the Office
<br />of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access
<br />and the right to examine any of these materials during this period.
<br />Records and other documents, in any medium, furnished by one parry to this Agreement to the other party,
<br />will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not
<br />disclose or make available this material to any third parties without first giving notice to the furnishing
<br />party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security
<br />procedures and protections to assure that records and documents provided by the other party are not
<br />erroneously disclosed to third parties.
<br />RIGHTS IN DATA: Unless otherwise provided, data, which originates from this Agreement shall be
<br />"works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by DOH. Data shall
<br />include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys,
<br />studies, 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 />SECURITY OF INFORMATION — Unless otherwise specifically authorized by the DOH Chief
<br />Information Security Officer, LHJ receiving confidential information under this contract assures that:
<br />Encryption is selected and applied using industry standard algorithms validated by the
<br />National Institute of Standards and Technology (MIST) Cryptographic Algorithm Validation
<br />DOH Contract CLH32635-0 Page 4 of 9
<br />July 2025
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