ML20023A686
| ML20023A686 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1982 |
| From: | Jackie Jones, Morton K NRC OFFICE OF ADMINISTRATION (ADM), TEXAS TECH UNIV., LUBBOCK, TX |
| To: | |
| Shared Package | |
| ML20023A685 | List: |
| References | |
| CON-FIN-B-8099, CON-NRC-04-82-002, CON-NRC-4-82-2 NUDOCS 8210190177 | |
| Download: ML20023A686 (12) | |
Text
Irt.l..i.,.
a.
..a, i m l
's"'. M ",$ "i#ch 7t"i..;
AW D/ Corm:ACT
)
)g-
~
, a.m.,
,....a.,_,,
i,., _.,, <
.s,
, _,,,, e 4.<,,,......
...,i es.,.....,
u.C,.
3 855UthSV '~
[o3E~~ ' ~ ' ' ~ ~SEP 2 71982j
- ',i,.2,~ 'c' c-s a '-
NRC-04-82-002 e
A,na.i, cst af D SY CODE [
7 D' L 8 6 '
@ p.0* t Lit f
( /.a&,
,A.. Mei 4 s f a t >ON U. S. Nuclear Regulatory Commission Division of Contracts EiC;"'
Washington, DC 20555 a cowinAciot coor l l
rac,ttry cooe l
.. o scou~i o= rio-ri ***-rwi NAME AND ADDRESS E
]
NET
[,5".'; g;,
' Texas Tech University
..a irr./,3 Box 4670 Lubbock, TX 79409
<d
..r.,...:....<>,
io suaan i~.cuces.isi s,.o ~ moca _77_.__
,r,.8.s>io Ano
{
- 33. sHAP. To/ MARK Fot CODE l l
.2 PAYMENT Witt St MADE gy CODE l U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission ATTN:
R. Abbey, Jr.
ATTN:
GOV /COM Accounts, Division of Accounting Office of Nuclear Regulatory Research Office of Resource Management s'as_hinjtton. DC__20J55_
Washingtoru_DC_20555
.3
,m,,,0cu. -,o wAs o Aow.nsio. g 00,..,u.su.
ro-O io u $ c
>>o' i x i Q di u s c. 252 <<x10
_14. ACC.0L NTPaG APC APtero.tlATION DalA B&R NO. 601942 FIN NO. ? '.99 Ceiling $84,984.00 15.
16 17.
I S.
19.
20.
lit - MO.
suPPttistslaviCEs OU A Nill?
UNIT UNIT Pasct AAaOU*ff N
THE COMMISSION HEREBY ACCEPTS TEXAS ' TECH UNIVER-SIlY'S OFFER TO PERFORM WORK ENTITLED "NEAR GROUND TORNADO WIND FIELDS." THIS AWARD OF A COST REIMBURSEMENT CONTRACT IS THE RESULT OF A COMPETITIVE PROCUREMENT (RS-RES-82-002) AND THE CONTRACT IS IN ACCORDANCE WITH TEXAS TECH UNI-VERSITY'S PROPOSAL DATED MAY 20, 1982 AND BEST AND FINAL PROPOSAL DATED AUGUST 30,1982 - BOTH OF WHICH ARE INCORPORATED HEREIN AND MADE A PART HEREOF.
B210190177 820921
'}
t i PDR CONTR NRC--04 OO2 - PDR totAt AMOUNT or ccNTRAct s 84,984.00 2i.
CONTRACYING OFrICER ls'lLL COAf PLETE BLOCK 22 OR 26 AS APPLJCABLE 22.
cowiticoa s wroODAftD AGRf f-E NT (C u.d., a,,gsh,s M sig.
26.
A W ARO ((
fr.d.r S..F,,q.,r,/ h sig. f 8N /e,.m..#. )
T.*.%.
e a /.,..,.,../,,,.
3
,.r.,.,. a ;.,.
c
.s u..
e.e.,.i.h..d d.i.....it p..e..itik.....;f...,f..sh k..-;
.d4;.
.,,6.....
.d.byr
-bch.d!-.a.
<A.ae..=..*
.b i.S.. 6,.u.,
a..i. % i s...d. w....d a-e '.".A.c.
id.
r d.b...
d r... i; k..
e-eh..
.;4,.e.
.d h..
Tw.,is'*..ad obt see. *'
- Pe*a '* S4 * ** =' sk." 6.
- A"' '+ *a d e*.
iM..-=d e.~ ~en
- e.d.w -uk==
.e n. v.n~=s d.< =".'. t.)
e
- . c... we.
r iee;
..d tw
.Sc.
d (b) is..-. d '.
.r' N.
e d by
- 8.fw d**~e t.1 . =-*d'a".* w. (61 a
- al.<dee. *f =r.
a go h p.
.....p....
e
....e.t.< e.....d.p n. r e e.........
r,o,,,
,,, : 4.
- i.....,,.
2 4 e ja.
,-c.d by..#
k.....
( A n.,Aw,.s..r, I,u.4 8 m..)
6
'23.NANE Co*cRAC100 f
- 22. UNITED ' it$ Of Am elCA i
be f/
I t%f V S n /. -
<A 73 _.
/
ev (s.e a..* 6 we, ow/_
,n oari s+c co R sY
( ',, (
(s e s.
.'p..=.
..d'.
sai g
g, fj as care sic.no me. wiw/e conia c suo ore.cra (r,r..,;n.,i' 2 3. n r
sc~j Graduate Studies dM'/-/.2_- -
Kellogg V. Morton 9//3782
+
., m.
L_
a
p
- ,t.
ut m og : a a ARTICLE II - PERIOD OF PERFORMANCE, is revised to read:
The performance of work described in ARTICLE I hereof shall comence as of the effective date of this contract and shall continue to cornpletion thereof, esti-mated to occur within 12 months after said contract is effective.
The period of perfomance under this contract is from September 27, 1982 to September 30, 1983.
ARTICLE III - CONSIDERATION AND PAYMENT, Paragraph A, is revised to read:
A.
Estimated Cost and Obligation 1.
The presently estimated cost of the work under this contract is
$84,984.00.
2.
The amount presently obligated by the Government with respect to this contract is $84,984.00.
ARTICLE IV - OVERHEAD / GENERAL AND ADMINISTRATIVE RATES, Paragraph A, B and C are revised to read:
A.
The contractor shall be reimbursed for allowable indirect costs hereunder at the fixed rate of 30 percent of rc.odified total direct costs.
B.
Deleted.
l C.
Deleted.
Under ARTICLE V - KEY PERSONNEj,, the following names are added:
James R. Mcdonald, P.E., Ph.D.
Under-ARTICLE VII - PROJECT OFFICER, insert the following name:
Dr. Robert Abbey, Jr.
ARTICLE VIII - TRAVEL REIMBURSEMENT, is revised to read:
The contractor will be reimMrsed for the following reasonable domestic travel i
costs incurred directly and specifically in the performance of this contract and accepted by the Contracting Officer:
1.
Per diem shall be reimbursed at a daily rate not to exceed $50.00.
The per diem amount is comprised of lodging expense plus $23.00 for meals and miscellaneous expense.
2.
When travel is to one of the high-rate geographical areas listed below, actual subsistence costs shall be reimbursed at a daily rate not to exceed the rates indicated:
District of Columbia; Montgomery County, Maryland,
$75.00 Chicago, Illinois 3.
The cost of travel by privately owned ' automobile shall be reimbursed at the rate of 20c per mile.
E t.m; rn i
..u. G.- N ;d-002 Page 3 of 1.
4.
.The cost of travel by rented automobile shall be reimbursed on a reasonable actual. expense basis.
. 5.
All common carrier travel reimbursable hereunder shall be via economy class rates when available.
If not available, reimbu'rsement vouchers will be annotated that econow class accomodations were not available.
First-
' class air travel ~is not authorized.
6.
Receipts are required for comon carrier transportation, lodging and miscellaneous items in excess of $15.00.
Under ARTICLE IX - OPTION TO EXTEND THE TERM 0F THE CONTRACT, Paragraph B(2) is revised to' read:
(2) The Estimated' Cost specified in ARTICLE III - CONSIDERATION AND PAYMENT, Will be increased by $*.
ARTICLE X - CONFLICT OF INTEREST, is hereby added as follows:
"ARilt;LE X -. CONFLICT OF INTEREST (a) Purpose. The primary purpose of this article is to aid in ensuring that the contractor:
(1) is not placed in a conflicting role because of current or planned interest (financial, contractual, organizational, or otherwise)
~
which relates to the work under this contract, and (2) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract.
(o) Scope.
The restrictions described herein shall apply to performance or participation by the contractor as defined in 41 CFR Sa20-1.5402(f) in the activities covered by this article.
(c) Work for others.
Notwithstanding any other provision of this contract, during the tenn of this contract, the contractor agrees to forego entering into consulting or other contractual arrangements with any firm or organization, the results of which may give rise to a conflict of interest with respect to the work i
being performed under this contract.
The contractor shall ensure that all 1
- employees who are employed full time under this contract and ecployees designated as key personnel, if any, under this contract abide by the provision of this article.
If 'the contractor believes with respect to itself or any such employee that any. proposed consultant or other. contractual arrangement with any firm or organization may involve a, potential conflict of ~ interest, the contractor shall
~
obtain the' written appro"al of. the Contracting ~0fficer prior to emcution of such
. contractual arrangement.
- *To be incorporated into any resultant contract.
v.
w..
4 4 n
,m g;
Page 4 of 12
,s (d) ' Disclosure after award.
(1) 'The' contractor warrants that to the best of its knowledge and 4
belief and except as otherwise set forth in this contract, it does not have any organizational conflicts of interest, as j
defined in 41 CFR 320-1.5402(a).
(2) The. contractor agrees that if after award it discovers organiz-tional conflicts of interest with respect to this contract, it shall make.an immediate and full disclosure in writing to the Contracting Officer.
This statement shall include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts, lhe NRC may, however, terminate the contract for convenience if it deems such termination to be in the best interests of the government.
(e) Access to and use of information.
(1)
If the contractor in the performance of this contract obtains access to information, such as NRC plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (Pub. L.93-579), or data which has not been released
~
to the public, the contractor agrees not to:
(i) use such infor-mation for any private purpose until the information has been released to the public; (ii) compete for work for the Commission-based on such information for a period of six (6). months after either the completion of this contract or the release of such information to the public, whichever is first, (iii) submit an i
unsolicited proposal to the government based on such information until one year after the release of simh information to the public, or (iv) release the information without pr.ior written approval by the Contracting.0fficer unless such information has previously been released to the public by the NRC.
(2)
In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the.
Privacy Act of 1974 (Pub. L.93-579), or other confidential' or privileged technical, business, or financial information under this contract, the contractor shall treat such information in accordance with restrictions placed on use of the information.
(3)- Thef contractor shall have, subject to patent and security provi-
.sions of this contract,-the right to use technical data it produces
- under,,this contract for private purposes provided that all require-ments of this contract have been met.
J
-(f)' Subcontracts.
Except as provided in 41 CFR 520-1.5402(h), the contractor
-shall include this article, including _ this paragraph, in subcontracts of any tier.
The terms " contract," " contractor," and " Contracting Officer " shall be appropriately J roodified to preserve-the government's rights.
.n e e, con m 5 of 11
..c (g)-Remedies.
For breach of any of the above proscriptions er for intentional ~
- nondisclosure or misrepresentation of any relevant interest required to be disclosed
- concerning this contract or for such erroneous representations as necessarily imply bad faith, the government may terminate the contract for default, disqualify the contractor _ from subsequent contractual efforts, and pursue other remedies as may be permitted by law or this contract.
(h) Waiver.
A request for waiver under this clause shall'be directed in writing through the Contracting Officer to the Executive Director for Operations (ED0) in accordance with the procedures outlined in 620-1.5411."
- ARTICLE X - GENERAL PROVISIONS / ALTERATIONS, the General Provisions, entitled " Cost Type Research and-Development Contracts with Commercial Organizations" dated 11/80 is hereby deleted and replaced by the following:
" ARTICLE X - GENERAL PROVISIONS / ALTERATIONS This contract is r."bject to the attached provisions of Appendix A, General Provisions, entitled " Cost Type Research and Development Contracts with Educational Institutions,"
dated January 6,1982.
. The following Provision is deleted in its entirety:
4.1 Patent Rights - Acquisition by the Government The following provisions entitled " PATENT RIGHTS (Small Business Firms and Non-Profit. Organizations (March 1982)) is added and made a part of the General Pro-visions:
-a.
Definitions (1)
"Invention" means any invention or discovery which is.or'may be patentable or otherwise prot ectable 'under Title 35 of the United States Code.
(2)
" Subject Invention" means any invention of the contractor conceived or first actually reduced to pr actice i n the_ performance of work under this contract.
'(3)
Practical Application" means to canuf acture in the case of a composition or pro'auct, to practice in the case of a process or.nethod, or to operate in the case of a machine or system; a n d,_ in each case, under such conditions as to establish that the'invention is. being utilized and that its
< benefits are, to the extent permitted by law or Government regulations,.available to the public on reasonable terms.
a o*
L O
I F
9 I
1r T
"'T
(entr.st No. :.
- A-E2-04
'Tige 6 of li (4)
"Made" when used in relation to any invention means the conception or fir st actual reduction to practice of such'invention.
4 (5)
"Small Business Firm" means a small business J
concern as defined at Section 2 of Public Law 85-536 (15 U.S.C. 5632) and implementing r egulations of the Administrator of the Small Business Administration.
For the purpose of this
- clause, the size standards for small business concerns involved in Government procurement and subcontracting at 13 C.F.R.
121.3-8 and 13 C.F.R.
121.3-12, respectively, will be used.
i (6)
" Nonprofit Organization" means a university or other institution of higher education or an organization of the type described in section 501 (c) (3) of the Internal Revenue Code of 1954 (26 USC B501(c)) and exempt f rc*n taxation under section 501(a) of the Internal Revenue Code.(26 USC
- j 5501(a))
or any nonprofit scientific or educational organiza-tion cualified under a state nonprofit organization statute.
j b.
Allocation of Principal Rights l
The contractor may retain the entire right, titic, and interest throughout the world to each nubject invention subject to the provisions of this c3ause and 35 U.S.C.
203'.
With respect to any subject invention in which the contractor retaiEs title, the Federal Government shall have a non-exclu-sive,- non-transferable, irrevocable, paid-up licence to practice or have practiced for or on behalf-of the United States the subject invention throughout the world.
j c.
Invention Disclosure, Election of Title and Filing of. Patent Applications by Cont ractor.
(1)
The contractor will disclose each subject invention to the
- IMC within two months after the-inventor discloses it in writing to contractor personnel responsible for patent matters.
The disclosure to the fiRC
)
shall be in-the form of a written report and shall i d e n t i'f y the contract ~ under which the invention was made and.the-
)
inventor (s).
It shall be sufficiently comp 3ete in technical detail to convef* a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical charac-teristics of the invention'.
The disclosure shall also identify any publication, on sale or public use of the inven-tion and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has.been.
t S
- ,J
utr; :
,..- A -;
Page 7 ct R accept a for publication at the time of disclosure.
In addition, after disclosure to the 11RC the contractor will promptly notify the 11RC of the acceptance of any manuser ipt describing the invention _for publication or of any on sale or public u,se planned by the contractor.
(2)
The coni.ractor will elect in writing whether or not to' retain title to any such invention by notifying the liRC within twelve months of disclosure to the con-tractor; provided that in any case where publication, on sale or public use has initiated the one year statutory period wherein valid patent protection can still be obtained in the United S t~a t e s,
the period for election of title may be shortened by the tiRC to a date that is no more than 60 days prior to the end of the statutory period.
e (3)
The contractor will file its i nitial patent application on an elected invention within two years after election or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United-States after a publication, on sale, or public use.
The contractor will file patent applications in additional countries wi th in either ten monthe of the cor r e spond ing ini ti al(. patent application or six months f r oc the date pe r mi ss i on is granted by the Commissioner of Patents and Trademhrks to file foreign patent applications where such filing ~has been prohibited by a secrecy order.
(4)
Reouests for extension of the time for d i scl o'5'u re to the' liRC election, and filing may be granted at the discretion of the IJRC.
d.
Conditions When the Government May Obtain Title.
(1)
The contractor will convey to the
!!RC '
upon written request, title to any subject invention:
(i)
If the contractor fails to disclose or elect the subject invention wTthin the times specified in c.
above, or elects not to retain title.
~
(ii) In those countries in which the contractor f ails,.to file patent applications within the times specified in c.
above;
- provided, however, that if the contractor has filed a patent application in a country after the times specified in' c.,
above, but prior to its receipt of the written request of the liRC the contractor shall-continue to retain title 'in that courit ry.
?
~
\\_
- Nuclear Regulatory Commission
..x A
g o--e e
w.
v-
=.
fr nti M t tw. W-04-82-0D2 Tpge 8 of 12 (iii)
In any
' country in which the contractor decides- ~ not to continue the prosecution of any application for', to pay the maintenance fees on, or defend in reexamination - or opposition proceeding on, a patent on a subject'invention.:
e.
Minimum Rights'to'= Contractor 1
(1)
The contractor will retain a
nonexclusive,
~,-
royalty-free license thro 6ghout the world in each subject-invention to which the~ Government obtains title except if the contractor fails to disclose the subject invention within the
' tiines. specified in c.,
above.
The contractor's license extends'to its' domestic subsidiaries and' affiliates, if any, within the corporate structure of which the contractor is a Party.and includes the right to grant sublicenses of the same scope to the extent the contractor was legally obligated to do so at _the time the contract was awarded.
The license is
~
transferable only with the approval of the
' iiRC except when transferred to the successor of that party of the contractor's business to which the invention p,rtains.
(2)
The contractor's domestic license nay be revoked or modified by the
_ fiRC to the extent necessary 'to achieve expeditious practical application of the subject invention pur suant to.an eppl i ca t i on for an exclusive license submitted in accordance with appl i cable provisions in the Federal Pr ope r ty Management Regulations.
This license will not be revoked in that field of use or the geographical areas-in which the contr' actor has achieved practical application and continues to make the benerits of the-invention reasonably accessible to the public.
The license in any foreign country may be revoked or modified at the~ discretion of the f1RC to the extent the contractor,- its. licensees, or its 663estic subsidiaries or af fi'liates -have failed to achieve practical application in that foreign country.
(3.)
Before-revocation or modification of the
' license, the 11RC wi11
- f ur n i sh the
' contractor-a written notice of its intention to revoke or modify' the l'icen65, and the contractor will be - allowed thirty days (or such ' ther time' as may be authorized by the o
fiRC '
for good cause shown by. the contractor) after the notice to show cause why the license should not be revoked
~ or' modified.
The contractor has the right to appeal, in w'
'accordance'with applicable regulations in the Federal Property
- Management Regulations
, concerning the' licensing.
of 1
Government-owned inventions,
.any ' decision concerning the
-revocation or modification of its license.
N i
,g.
p
( vm i tc No.
..N -0 bR -aw r
.(
Page 9 of 12 f.
Contractor Action to Protect the Governments Interest (1)
The contractor agrees to execute or to have executed and promptly deliver -to the NRC rights
~
all instruments necessary to (i) establish or confirm the _~
the Government ~ has throughout the world in those subject inventions' to which the contractor elects to retain title, and (i.i) convey title to the NRC when requested under paragraph d.
above, and to enable the Government to obtain
~
patent rprotection throughout the world in that subject
,invention.
(2)
The contractor agrees to require, by written agreement, its employees, other than cl er ical and non-technical employbes~, to disclose promptly in writing to per-sonnel identified. as responsible for the administration of patent matters. and in.a format suggested by the contractor each subject invention made under contract in order that the contractor can comply with the disclosure provisions of paragraph
.c.
above, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in' the subject inventions.
i'his-disclosure format should
- require, as a minimun, the i n t er n.h t i on required by c.(1) above.
The. co:.t r nctor chall instruct such employees through employee. agr eer..en t s or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent appl i ca t ion s pr i or to U. S. or foreign statutory bars.
(3)
The contractor will notify the NRC of any decision not to continue the prosecution of a patent application, pay maintenance fees, or defend in a reexamina-tion or opposition proceeding on a patent, in any country, not less than thirty days before the expiration of the _ response period required by the relevant patent office.
(4)
The contractor agrees to include, within the specification of any Unit.ed States patent application and any patent issuing thereon covering a
subject invention, the following statement, "This invention was made with Government support under,(identify 'the contract) awarded by (
the NRC
_).
'The Government has certain rights in this invention.*
g.
Subco'ntracts (1)
The-contractor will include this
- clause, suitably modified to identify the parties, in all r,ubco n.2-tracts, regardless of tier, for experimental det lop ental or research work to be performed by a s...a ll busiwss firm or
- domestic nonprofit organization.
The subcontiactor will L
o m et
-w i qe 10 H L
- retain all rights pr ovided for the contractor in this clause, and the contractor will not,as part of the consideration for awar ding the subcontract, -obtain rights in the r.ubcon tractor 's
' subject inventions.
(2)
The contractor will include in all other subcontracts, regardless of tier, for experimental, develop-mental or research work the required by rederal Procurement Regulation 1-9.gatent), rights clause 107-5(a (3)
In the case of subcontracts, at any tier, when the prime award with the Federal agency was a contract (but not a grant or cooperative agreement), the agency, subcontrac-tor, and the contractor agree that the mutual obligations of i'
-the parties created by this clause constitute a contract between the subcontractor and the Federal agency with respect to those matters covered by this clause.
h.
Reserved i.
Pr e f e r ence for United States Industry Notwithstanding any other provision of this clause, the contractor agrees that ne i t.he r it nor any asrignee will grant to any person the exclusive right to use o:
sell any subject iivention in the United States unless such person agrees that any products embodying the subject invention or projuced through the use of the subject invention will be marmfactured substantially in the United States.
Ecwever, in individual cases, the requirement for such an agree:ent may be waived by the riRC upon a showing by the contractor or its. assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufheture is not commercially feasible.
j.
March-in Rights Th'e contractor, agrees that with respect to any subject invention in which it has acquired title, the tiRC has the rioht in accordance with the orocedures in Office of Management and Budget Circular A-124 to require the contractor, an assignee or exclusive licensee of a subject invention to grant a non-exclusive, partially exclusive, or exclusive license in any field of inse to a responsible appli -
cant or applicants, upon terms that are reasonable under the circumstances, and if the contractor assignec, or exclu sive licensee refuses such a request, t'he tiRC has the '
right to grant such a license itself~~i f the,
tiRC determines that:
.~
-Ud'so-Esa e-t.
s,-
i..a '. ; o f n
_,t (1) such - action is necessary because the contractor or : assignee has not taken,'or is not expected to take within a reasonable
- time, eifcctive" steps to achieve practical application of the subject invention in such field of use.
(2) -Such action is necesr.ary to alleviate health or safety needs-which are not reasonably sa t-i n f i ed by the contractor., assignee, or their licensees; (3)
Such action is necessary to meet requirements for public use specified by Federal regulations and such requir ements are not reasonably satisfied by the contractor, assignee, or licensees; or (4)
Such action is necessary because the agreement required.by. paragraph i of this clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement.
k.
Special Provisions for Contracts wi t h 1:on-profit Organizations If the contractor 'is a non-profit organization, it agrees that:
(1)
Rights to a subject invention in the United States may not be assigned without the approval of the NRC l
except where such assignment is made to an organiza-tion which~has as one of its primary functions the r.anagement of ' invent ~ ions and which is not, itself, engaged in or does not hold a sub[stantial interest in other organizations engaged'in the manufacture or ' sale of products or the use of processes that~might utilize the ^ invention or be in competition with embodiments of the invention provided that such assignee will be ' subject to the same provisions as the contractor);
~
(2)
The
_ contractor may not grant exclusive licenses under United States patents or patent applications in subject inventicis to persons other than small business firms for a period in. excess of the earlier of:
(i)
.five years from first commercial sale or use of thefinvention; or
-M e
e-
y-1,-..o ki of N
~
g:
Pene
~
... - T (ii) eight years from the date of the exclu sive -
vs.,
license excepting that time before regulatory agencies neces-unless on a case-by-case clearance, sary to obtain premarket approves a longer exclusive license.
If exclusive field of use licenses are granted, commercial fiRC basis, the il sale or use in one field of use will' not be deemed comm seie or use as to other fields of use, and a first co.,,me r ci a) sale or use with respect to a product of the invention will subsc-not be deemed to end the exclusive per iod to di f f er ent invention.
quent' products covered by the (3)
The contractor will share royalties collected on a
- NRC, subject invention with'the inventor; and The balance of any royalties or income earned by the cc,a t r ac t or with respect to subject inventions, after payment
--t (4) to inventors) incidental to of expenses (including paymentsinventions, will be utilized for the administration of subject education.
the support of scientific research or All communications regarding this clause shoc 1.
Communications.
be referred to the NRC Contracting Of ficer END OF CLAUSE l
i
\\
_