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13. Intellectual Property. Neither party makes any representation or warranty as to the <br />accuracy or completeness of its Proprietary or Confidential Information disclosed under <br />this Agreement. Notwithstanding the foregoing, PCG represents and warrants that its use <br />or creation of any intellectual property under this Agreement does not infringe upon the <br />intellectual property rights of any third party. <br />14. HIPAA Compliance. <br />a. PCG shall use commercially reasonable safeguards to prevent unauthorized use or <br />disclosure of Protected Health Information (PHI) and shall maintain the security, <br />privacy, and integrity of all PHI in a manner consistent with Federal law and regulations <br />and the laws of the State of Texas, including Health Insurance Portability and <br />Accountability Act (HIPAA), the Health Information Technology for Economic and <br />Clinical Health Act (HITECH), and all regulations associated with HIPAA and <br />HITECH. <br />b. Unless otherwise required by law or this Agreement, PCG shall not disclose PHI, <br />including PHI created received, transmitted, or maintained on behalf of the CLIENT, <br />to any person, including any agent or subcontractor. <br />c. Notwithstanding the foregoing, PCG may disclose PHI to a person only if: <br />i. The disclosure is specifically requested by CLIENT; or <br />ii. The disclosure is a required part of a review of patient care information in the <br />course of PCG conducting compliance assessment and quality assurance <br />activities; and <br />W. The PCG has advised such person of PCG's privacy and security obligations <br />under this Agreement and applicable Texas and Federal law, including the <br />consequences for violation of such obligations and such person agreed in <br />writing to be bound by the provisions of this Agreement and applicable Texas <br />and Federal law. <br />d. PCG shall maintain a record of all disclosures of protected health information, <br />including disclosures not made for the purposes of this Agreement. Such record shall <br />include: the date of the disclosure; the name and, if known, the address of the recipient <br />