ADVANCE UNDERSTANDING ON INTELLECTUAL PROPERTY. In consideration of the increased federal cost share of 99 percent, the Recipient acknowledges and agrees that as part of the definitization of this Cooperative Agreement, the Recipient, its sub-recipients, and other partners must provide DOE with expanded rights in the intellectual property developed under this Agreement that are acceptable to DOE in its sole discretion, The expanded rights would be extinguished should the Recipient achieve financial close and take the Project into Phase III. Accordingly, DOE, the Recipient and its sub-recipients shall begin discussions on an advance understanding of intellectual property as soon as practical after the effective date of this cooperative agreement amendment. By February 26, 2013, the Recipient and its sub-recipients will provide a basic set of principles to DOE for addressing DOE’s expanded rights request. Not later than March 20, 2013, the Parties must agree on the following lists of expanded rights that can be inserted into Attachment 1 – Intellectual Property Provisions: • a publicly releasable list of protected data; • a publicly releasable list of limited rights data; • a publicly releasable list of restricted computer software; and • a listing of the expanded technical data deliverable with unlimited rights. During the conditional period of the cooperative agreement, Attachment 1 – Intellectual Property Provisions, which was applicable during Phase 1 remains in force unless and until a fully definitized cooperative agreement is issued. The final agreed-to listings of data will be incorporated into the Cooperative Agreement through an amendment signed by the DOE Contracting Officer.
ADVANCE UNDERSTANDING ON INTELLECTUAL PROPERTY. The Parties must agree on the following lists that can be inserted into Attachment 1 – Intellectual Property Provisions:
