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WDM0522 Page 36 of 45 March 1, 2022 <br /> <br />in applicable federal and State statutes. <br />32.3.3 CONTRACTOR shall advise personnel who have access to PII, of the <br />confidentiality of the information, the safeguards required to protect the <br />information, and the civil and criminal sanctions for non-compliance <br />contained in applicable federal and State laws. <br />33. COPYRIGHT ACCESS <br />The U.S. Department of Health and Human Services, the CDSS, and COUNTY will <br />have a royalty-free, nonexclusive, and irrevocable license to publish, translate, or use, now <br />and hereafter, all material developed under this Agreement, including those covered by <br />copyright. <br />34. WAIVER <br />No delay or omission by either party hereto to exercise any right or power accruing <br />upon any noncompliance or default by the other party with respect to any of the terms of this <br />Agreement shall impair any such right or power or be construed to be a waiver thereof. A <br />waiver by either of the parties hereto of any of the covenants, conditions, or agreements to <br />be performed by the other shall not be construed to be a waiver of any succeeding breach <br />thereof, or of any other covenant, condition, or agreement herein contained. <br />35. SERVICES DURING EMERGENCY AND/OR DISASTER <br />35.1 CONTRACTOR acknowledges that service usage may surge during or after an <br />emergency or disaster. For purposes of this Agreement, an emergency is defined <br />as a sudden, urgent, usually unexpected occurrence or event requiring immediate <br />action to protect the health and well-being of COUNTY residents. A disaster is <br />defined as an occurrence that has resulted in property damage, deaths, and/or <br />injuries to a community. Emergencies and/or disasters as described above may <br />require resources or support beyond the local government’s capability and will <br />typically involve a proclamation of a local emergency by the local governing body <br />(e.g., city council, county board of supervisors, or state) and may be declared at the <br />federal level by the President of the United States. <br />35.2 CONTRACTOR agrees to collaborate with COUNTY, on an urgent basis, to adjust <br />service delivery in a manner that assists COUNTY in meeting the needs of clients <br />COUNTY identifies as being impacted by emergencies and/or disasters. Time