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Contract Number: 537 -16- 0027 -00001 <br />individuals who are authorized by law to receive such records or information and who <br />will protect the records or information from re- disclosure as required by law. <br />4. Contractor will use confidential records and information obtained under this Contract <br />only for purposes as described in this Contract and as otherwise allowed by law. <br />5. Notwithstanding any provision relating to confidentiality, the confidential <br />information held by DSHS may be disclosed to a third party pursuant to the Texas <br />Public Information Act (Texas Government Code Chapter 552), any open records <br />decision or ruling by the Attorney General that such information constitutes public <br />information or as otherwise provided by law. <br />D. Exch a of Client- Identif Information. If this Contract concerns client - <br />identifying information, except as prohibited by other law, Contractor and DSHS may <br />exchange PHI without the consent of clients in accordance with 45 Code of Federal <br />Regulation § 164.504(e)(3)(i)(B), Texas Health and Safety Code § 533.009 and other <br />applicable law or rules. <br />E. Records Retention. DSHS will retain records in accordance with DSHS State of Texas <br />Records Retention Schedule at tt1.,, * //. , _ dshs.state.tx.us/records/schedules.shtni, <br />Department Rules and other applicable state and federal statutes and regulations <br />governing medical, mental health, and substance abuse information. <br />F. Severability. If any provision of this Contract is construed to be illegal or invalid, the <br />illegal or invalid provision will be deemed stricken and deleted to the same extent and <br />effect as if never incorporated, but all other provisions will continue. <br />G. Notice. Any notice required or permitted to be given under this Contract will be in <br />writing and sent to the respective Party's Representative in Section VIII. Notice will be <br />deemed to have been received by a Party on the third business day after the date on which <br />it was mailed to the Party at the address specified in writing by the Party to the other <br />Party, or, if sent by certified mail, on the date of receipt. <br />H. Waiver. Acceptance by either Party of partial performance or failure to complain of any <br />action, non - action or default under this Contract will not constitute a waiver of either <br />Party's rights under the Contract. <br />I. Assianment. Neither DSHS nor Contractor will not transfer, assign, or sell its interest, in <br />whole or in part, in this Contract without prior written consent by both Parties. <br />J. Susuension of Services Under This Contract. In the event of an emergency or <br />information technology system failure, DSHS may temporarily suspend services without <br />advance notice. <br />K. Termination. <br />VSU Remote Birth Access <br />Page 4 <br />