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Contract Number: HHSREV100001023 <br />D. Exchange of Personal Identifying Information. This Contract concerns personal <br />identifying information. Except as prohibited by other law, Contractor and DSHS may <br />exchange PII without consent, in accordance with Chapter 191 of the Health and Safety <br />Code. <br />E. Records Retention. DSHS will retain records in accordance with DSHS State of Texas <br />Records Retention Schedule at http://www.dshs.texas.gov/records/schedules.shtm, <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. Assignment. Neither DSHS nor Contractor will transfer, assign, or sell its interest, in <br />whole or in part, in this Contract without prior written consent by both Parties. <br />J. Suspension 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. Use of services for purposes inconsistent with applicable law may also <br />result in a suspension of services. <br />K. Termination. <br />1. Convenience. This Contract may be terminated by mutual agreement of the Parties. <br />Either Party may terminate this Contract without cause by giving 30 days written <br />notice of its intent to terminate to the non -terminating Party. <br />2. Cause. This Contract may be terminated for cause by either Party for breach or <br />failure to perform an essential requirement of the Contract. Use of services for <br />purposes inconsistent with applicable law may be cause for Contract termination. <br />3. Notice of Termination. Written notice may be sent by any method that provides <br />verification of receipt, which will be calculated from the date of receipt by the non - <br />terminating Party's Representative provided in Section VIII. <br />VSS Remote Birth Access <br />Page 4 <br />