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liable fbr contract damages as authorized by law including, but not limited to' any cost
<br />difference between the iriginal contract and the replacement or cover contract and all
<br />administrative costs directly related to the replacement contract, which damages are distinct
<br />fiom any p.""fti* imposed under Chapter49.60, RCW' DOH shall havethe rightto deduct
<br />from any monies due io 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 Oue un 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 oi otherwise malie known to unauthorized persons personal information without the
<br />express written consent of the agency or as provided by law' LHj agrees io implement physical' electronic
<br />und *unug".ial safeguards to prlvent 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. ihe monitoring, audiiing, or investigatingmay include but is
<br />not limited to ,'salting,, Uy 6ou. LHJ shall certify the return or destruction of all personal information upon
<br />expiration of this Agreement. Salting is the act otptacing a record containing unique but false information
<br />in a database that can be used later to identify inapproprLte disclosure ofdata contained in the database'
<br />Any breach of this provision may result in termination of the Agreement and the demand for retum of all
<br />personal information. The LHJ ug..", 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 suificientty and ptop""rty reflect all direct and indirect costs expended
<br />by either party in the performance of the-se*i".t d"t"tibed herein' These records shall be subject to
<br />inspection, review o,. uuJit uy 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 expirati.on and the office
<br />of the State Auditor, f-ederal auditors, and any persons duly authori zedby the parties shall have full access
<br />una ,n" right to examine any of these materials during this period'
<br />Records and other documents, in any medium, furnished by one party to this Agreementlo the other party,
<br />will remain the property of the furnishing party, unless ltherwise agreed' The receiving party will not
<br />disclose or make available this materiat to unyiitird 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 urrurL- 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. Copyrigni ect of 1976 and shall be owned by DOH' Data shall
<br />include, but not be limited to, reports, docurn"ni,, pamphlets, advertisements' books magazines' surveys'
<br />studies, computer programs, films, tapes, and/or iouni ,"ptoductions' Ownership includes the right to
<br />copytigftt, patent, rlgister, and the ability to transfer these rights'
<br />SECLRITY OF INFORMATION - Unless otherwise specifically authorized by the DOH Chief
<br />lnformation 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 ana re"f,notogy
<br />-6wsr;
<br />Cryptographic Algorithm validation
<br />DOH Contract CLH32635-0
<br />July 2025
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