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<br />General Provisions, ASSURANCES Article, paragraph ten, is revised to read as follows: <br /> <br />PERFORMING AGENCY assures it will not transfer or assign its interest in this contract <br />Attachment. <br /> <br />General Provisions, REPORTS AND INSPECTIONS Article, paragraph three, is revised to read <br />as follows: <br /> <br />PERFORMING AGENCY agrees that RECEIVING AGENCY and the federal <br />government, or any of their duly authorized representatives, will have access to any <br />pertinent books, documents, papers, electronic data, and client or patient records of <br />PERFORMING AGENCY for the purpose of making audit, examination, excerpts, and <br />transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will <br />have the right to audit billings both before and after payment. Payment under <br />Attachment(s) will not foreclose the right of RECEIVING AGENCY to recover excessive <br />or illegal payments. <br /> <br />General Provisions, REPORTS AND INSPECTIONS Article, paragraph five, is replaced to read <br />as follows: <br /> <br />Due to pending litigation involving RECEMNG AGENCY'S EPSDT Program (Frew vs <br />McKinney), PERFORMING AGENCY is required to retain all records related to services <br />funded by this Attachment until RECEIVING AGENCY notifies PERFORMING <br />AGENCY that retention of these records is no longer required. <br /> <br />PERFORMING AGENCY will acquire and utilize at least the minimum requirements for the <br />EPSDT outreach software/hardware. The EPSDT Outreach software was developed by <br />RECEIVING AGENCY to comply with minimum requirements of the lawsuit referenced in <br />Section I above, and is an asset of RECEMNG AGENCY. RECEIVING AGENCY will not <br />provide source code to PERFORMING AGENCY. PERFORMING AGENCY may use the <br />software for its intended purpose upon the condition that the software may not be modified, <br />decompiled, transferred, assigned, sold, or distributed in any manner by PERFORMING <br />AGENCY. <br /> <br />PERFORMING AGENCY agrees to obtain RECEIVING AGENCY Central Office staff approval <br />prior to developing any software to be used with RECEMNG AGENCY software. The <br />copyright to any such software will belong to RECEMNG AGENCY. <br /> <br />ATTACHMENT - Page 6 <br />