Common use of Allocation of Principal Rights Clause in Contracts

Allocation of Principal Rights. 1. This Agreement shall be performed with mixed Government and Performer funding. The Parties agree that in consideration for Government funding, the Performer intends to reduce to Practical Application Subject Invention(s) developed under this Agreement. 2. The Performer agrees to retain and maintain in good condition, until two (2) years after completion or termination of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s). 3. In the event of exercise of the Government’s “March-in Rights” as set forth under Article VII or in this subparagraph, the Performer agrees that, with respect to Data necessary to achieve Practical Application of the applicable Subject Invention(s), the Government has the right to require the Performer to deliver, within sixty (60) calendar days from the date of the written request and at no additional cost to the Government, all such Data to the Government in accordance with its reasonable directions if the Government determines that: (a) Such action is necessary because the Performer, assignee, or exclusive licensee has not taken effective steps, consistent with the intent of this Agreement, to achieve Practical Application of the Subject Invention(s) developed during the performance of this Agreement; (b) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Performer, assignee, or exclusive licensee; or (c) Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licensee. 4. With respect to all Data delivered in the event of the Government’s exercise of its right under this subparagraph A.3, the Government shall receive Unlimited Rights. 5. With respect to Data developed, generated or delivered under this Agreement, the Government shall receive Government Purpose Rights. 6. Any data or intellectual property developed or generated exclusively at private expense, either prior to, or outside the scope of, this Agreement, to be utilized or delivered under this Agreement by the Performer and/or its Subcontractors shall be delivered with restrictions as delineated in the List of Intellectual Property Assertions provided in Attachment 5. The Performer reserves the right to add to or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officer.

Allocation of Principal Rights. 1. This Agreement shall be performed with mixed Government and Performer funding. The Parties agree that in consideration for Government funding, the Performer intends to reduce to Practical Application Subject Invention(s) practical application items, components and processes developed under this Agreement. 2. The Performer agrees to retain and maintain in good condition, condition until two (2) years after completion or termination of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s). 3practical application. In the event of exercise of the Government’s “March-in Rights” Rights as set forth under Article VII or in subparagraph A.3 of this subparagrapharticle, the Performer agrees thatagrees, with respect upon written request from the Government, to deliver at no additional cost to the Government, all Data necessary to achieve Practical Application of the applicable Subject Invention(s), the Government has the right to require the Performer to deliver, practical application within sixty (60) calendar days from the date of the written request and at no additional cost request. The Government shall retain Unlimited Rights, as defined in paragraph A above, to this delivered Data. 3. The Performer agrees that, with respect to Data necessary to achieve practical application, DARPA has the Government, right to require the Performer to deliver all such Data to the Government DARPA in accordance with its reasonable directions if the Government DARPA determines that: (a) Such action is necessary because the Performer, assignee, Performer or exclusive licensee assignee has not taken effective steps, consistent with the intent of this Agreement, to achieve Practical Application practical application of the Subject Invention(s) technology developed during the performance of this Agreement; (b) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Performer, assignee, or exclusive licenseetheir licensees; or (c) Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licenseelicensees. 4. With respect to all Data delivered in the event of the Government’s exercise of its right under this subparagraph A.3, the Government shall receive Unlimited Rights. 5. With respect to Data developed, generated or delivered under this Agreement, the Government shall receive Government Purpose Rights, except as noted in subparagraph (5) of this article. 5. With respect to all Data delivered, in the event of the Government’s exercise of its right under subparagraph B.2 of this article, the Government shall receive Unlimited Rights. 6. Any data or intellectual property developed or generated exclusively at private expense, either prior to, or outside the scope of, this Agreement, pre-existing Data to be utilized or and delivered under this Agreement by the Performer and/or its Subcontractors shall be delivered with restrictions as delineated in the List Performer Identification and Assertion of Intellectual Property Assertions Use, Release, or Disclosure Restrictions provided in Attachment 5. The Performer reserves the right to add to or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officer.

Allocation of Principal Rights. 1. This Agreement shall be performed with mixed Government and Performer funding. The Parties agree that in consideration for Government funding, the Performer intends to reduce to Practical Application Subject Invention(s) practical application items, components and processes developed under this Agreement. 2. The Performer agrees to retain and maintain in good condition, condition until two (2) years after completion or termination of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s). 3practical application. In the event of exercise of the Government’s “March-in Rights” Rights as set forth under Article VII or in subparagraph A.3 of this subparagrapharticle, the Performer agrees, upon written request from the Government, to deliver at no additional cost to the Government, all Data necessary to achieve practical application within sixty (60) Enclosure 1 Conformed Copy P00011 calendar days from the date of the written request. The Government shall retain Unlimited Rights, as defined in paragraph A above, to this delivered Data. 3. The Performer agrees that, with respect to Data necessary to achieve Practical Application of the applicable Subject Invention(s)practical application, the Government DARPA has the right to require the Performer to deliver, within sixty (60) calendar days from the date of the written request and at no additional cost to the Government, deliver all such Data to the Government DARPA in accordance with its reasonable directions if the Government DARPA determines that: (a) Such action is necessary because the Performer, assignee, Performer or exclusive licensee assignee has not taken effective steps, consistent with the intent of this Agreement, to achieve Practical Application practical application of the Subject Invention(s) technology developed during the performance of this Agreement; (b) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Performer, assignee, or exclusive licenseetheir licensees; or (c) Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licenseelicensees. 4. With respect to all Data delivered in the event of the Government’s exercise of its right under this subparagraph A.3, the Government shall receive Unlimited Rights. 5. With respect to Data developed, generated or delivered under this Agreement, the Government shall receive Government Purpose Rights, except as noted in subparagraph (5) of this article. 5. With respect to all Data delivered, in the event of the Government’s exercise of its right under subparagraph B.2 of this article, the Government shall receive Unlimited Rights. 6. Any data or intellectual property developed or generated exclusively at private expense, either prior to, or outside the scope of, this Agreement, pre-existing Data to be utilized or and delivered under this Agreement by the Performer and/or its Subcontractors shall be delivered with restrictions as delineated in the List Performer Identification and Assertion of Intellectual Property Assertions Use, Release, or Disclosure Restrictions provided in Attachment 5. The Performer reserves the right to add to or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officer.

Allocation of Principal Rights. 1. This Agreement shall be performed with mixed Government and Performer funding. The Parties agree that in consideration for Government funding, the Performer intends to reduce to Practical Application Subject Invention(s) practical application items, components and processes developed under this Agreement. 2. The Performer agrees to retain and maintain in good condition, condition until two (2) years after completion or termination of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s). 3practical application. In the event of exercise of the Government’s “March-in Rights” Rights as set forth under Article VII or in subparagraph A.3 of this subparagrapharticle, the Performer agrees thatagrees, with respect upon written request from the Government, to deliver at no additional cost to the Government, all Data necessary to achieve Practical Application of the applicable Subject Invention(s), the Government has the right to require the Performer to deliver, practical application within sixty (60) calendar days from the date of the written request and at no additional cost request. The Government shall retain Unlimited Rights, as defined in paragraph A above, to this delivered Data. Enclosure 1 Conformed Copy P00010 3. The Performer agrees that, with respect to Data necessary to achieve practical application, DARPA has the Government, right to require the Performer to deliver all such Data to the Government DARPA in accordance with its reasonable directions if the Government DARPA determines that: (a) Such action is necessary because the Performer, assignee, Performer or exclusive licensee assignee has not taken effective steps, consistent with the intent of this Agreement, to achieve Practical Application practical application of the Subject Invention(s) technology developed during the performance of this Agreement; (b) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Performer, assignee, or exclusive licenseetheir licensees; or (c) Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licenseelicensees. 4. With respect to all Data delivered in the event of the Government’s exercise of its right under this subparagraph A.3, the Government shall receive Unlimited Rights. 5. With respect to Data developed, generated or delivered under this Agreement, the Government shall receive Government Purpose Rights, except as noted in subparagraph (5) of this article. 5. With respect to all Data delivered, in the event of the Government’s exercise of its right under subparagraph B.2 of this article, the Government shall receive Unlimited Rights. 6. Any data or intellectual property developed or generated exclusively at private expense, either prior to, or outside the scope of, this Agreement, pre-existing Data to be utilized or and delivered under this Agreement by the Performer and/or its Subcontractors shall be delivered with restrictions as delineated in the List Performer Identification and Assertion of Intellectual Property Assertions Use, Release, or Disclosure Restrictions provided in Attachment 5. The Performer reserves the right to add to or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officer.

Allocation of Principal Rights. 1. This Agreement shall be performed with mixed Government and Performer funding. The Parties agree that in consideration for Government funding, the Performer Seller intends to reduce to Practical Application Subject Invention(s) items, components and processes developed under this Agreement 1. With respect to Technical Data and Computer Software delivered under this Agreement related to the Program, the Government shall receive Government Purpose Rights, as defined in Article I, paragraph B, except for those items identified in the Seller’s Data Assertions List that will be delivered with Limited or Restricted rights. 2. The Performer agrees to retain and maintain in good condition, until two (2) years after completion or termination of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s). 3. In the event of exercise of the Government’s “March-in Rights” as set forth under Article VII or in this subparagraph, the Performer agrees that, with respect to Data necessary to achieve Practical Application of the applicable Subject Invention(s), the Government has the right to require the Performer to deliver, within sixty (60) calendar days from the date of the written request and at no additional cost to the Government, all such Data to the Government in accordance with its reasonable directions if the Government determines that: (a) Such action is necessary because the Performer, assignee, or exclusive licensee has not taken effective steps, consistent with the intent of this Agreement, to achieve Practical Application of the Subject Invention(s) developed during the performance of this Agreement; (b) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Performer, assignee, or exclusive licensee; or (c) Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licensee. 4. With respect to all Technical Data delivered and Computer Software listed in the event of the GovernmentSeller’s exercise of its right under this subparagraph A.3, the Government shall receive Unlimited Rights. 5. With respect to Data developed, generated or Assertions List with a basis for assertion as "developed exclusively at private expense" that will be delivered under this Agreement, the Government shall receive Limited Rights or Restricted Rights, as defined herein, unless it can be shown that another license right had been previously negotiated for Technical Data or Computer Software under another Government Purpose agreement or contract. This technical data and computer software, previously developed exclusively at private expense and to be furnished to the Government with Limited or Restricted Rights in support of all of the deliverables required hereunder, may be furnished as an addendum to a report or in separate reports at the Seller's discretion and marked in accordance with instructions under paragraph B of Article VIII: Data Rights. 63. Any Notwithstanding the provision in A.5, the Seller agrees, with respect to technical data and computer software delivered under this Agreement, the Government may, within one (1) year after completion or intellectual property termination of this Agreement, whichever comes first, require delivery of technical data and computer software previously delivered under this agreement, including those items developed or generated exclusively at private expenseexpense and listed in Seller’s Data Assertions List, either prior to, and receive Limited or outside Restricted Rights. The Government will compensate the scope of, this Agreement, Seller for converting the technical data and computer software into the prescribed form and for reproduction and delivery of all technical data and computer software necessary to be utilized or delivered under achieve practical application. 4. Seller’s Data Assertions List is incorporated into this Agreement and lists Technical Data And Computer Software that was developed by the Performer and/or Seller or its Subcontractors shall subcontractors/suppliers, and the Seller or its subcontractors/suppliers assertions should be delivered furnished to the Government with restrictions as delineated in the List of Intellectual Property Assertions provided in Attachment 5. The Performer reserves the right to add to on use, release or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officerdisclosure.

Allocation of Principal Rights. 1. This Agreement shall be performed with mixed Government and Performer funding. The Parties agree that in consideration for Government funding, the Performer intends to reduce to Practical Application Subject Invention(s) practical application items, components and processes developed under this Agreement. 2. The Performer agrees to retain and maintain in good condition, condition until two (2) years after completion or termination of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s). 3practical application. In the event of exercise of the Government’s “March-in Rights” Rights as set forth under Article VII or in subparagraph A.3 of this subparagrapharticle, the Performer agrees thatagrees, with respect upon written request from the Government, to deliver at no additional cost to the Government, all Data necessary to achieve Practical Application of the applicable Subject Invention(s), the Government has the right to require the Performer to deliver, practical application within sixty (60) calendar days from the date of the written request and at no additional cost request. The Government shall retain Unlimited Rights, as defined in paragraph A above, to this delivered Data. 3. The Performer agrees that, with respect to Data necessary to achieve practical application, DARPA has the Government, right to require the Performer to deliver all such Data to the Government DARPA in accordance with its reasonable directions if the Government DARPA determines that:: Enclosure 1 Conformed Copy P00009 (a) Such action is necessary because the Performer, assignee, Performer or exclusive licensee assignee has not taken effective steps, consistent with the intent of this Agreement, to achieve Practical Application practical application of the Subject Invention(s) technology developed during the performance of this Agreement; (b) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Performer, assignee, or exclusive licenseetheir licensees; or (c) Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licenseelicensees. 4. With respect to all Data delivered in the event of the Government’s exercise of its right under this subparagraph A.3, the Government shall receive Unlimited Rights. 5. With respect to Data developed, generated or delivered under this Agreement, the Government shall receive Government Purpose Rights, except as noted in subparagraph (5) of this article. 5. With respect to all Data delivered, in the event of the Government’s exercise of its right under subparagraph B.2 of this article, the Government shall receive Unlimited Rights. 6. Any data or intellectual property developed or generated exclusively at private expense, either prior to, or outside the scope of, this Agreement, pre-existing Data to be utilized or and delivered under this Agreement by the Performer and/or its Subcontractors shall be delivered with restrictions as delineated in the List Performer Identification and Assertion of Intellectual Property Assertions Use, Release, or Disclosure Restrictions provided in Attachment 5. The Performer reserves the right to add to or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officer.

Allocation of Principal Rights. 1. This Agreement shall be performed with mixed Government and Performer funding. The Parties agree that in consideration for Government funding, the Performer intends to reduce to Practical Application Subject Invention(s) practical application items, components and processes developed under this Agreement. 2. The Performer agrees to retain and maintain in good condition, condition until two (2) years after completion or termination of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s). 3practical application. In the event of exercise of the Government’s “March-in Rights” Rights as set forth under Article VII or in subparagraph A.3 of this subparagrapharticle, the Performer agrees thatagrees, with respect upon written request from the Government, to deliver at no additional cost to the Government, all Data necessary to achieve Practical Application of the applicable Subject Invention(s), the Government has the right to require the Performer to deliver, practical application within sixty (60) calendar days from the date of the written request and at no additional cost request. The Government shall retain Unlimited Rights, as defined in paragraph A above, to this delivered Data. 3. The Performer agrees that, with respect to Data necessary to achieve practical application, DARPA has the Government, right to require the Performer to deliver all such Data to the Government DARPA in accordance with its reasonable directions if the Government DARPA determines that:: Enclosure 1 Conformed Copy P00008 (a) Such action is necessary because the Performer, assignee, Performer or exclusive licensee assignee has not taken effective steps, consistent with the intent of this Agreement, to achieve Practical Application practical application of the Subject Invention(s) technology developed during the performance of this Agreement; (b) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Performer, assignee, or exclusive licenseetheir licensees; or (c) Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licenseelicensees. 4. With respect to all Data delivered in the event of the Government’s exercise of its right under this subparagraph A.3, the Government shall receive Unlimited Rights. 5. With respect to Data developed, generated or delivered under this Agreement, the Government shall receive Government Purpose Rights, except as noted in subparagraph (5) of this article. 5. With respect to all Data delivered, in the event of the Government’s exercise of its right under subparagraph B.2 of this article, the Government shall receive Unlimited Rights. 6. Any data or intellectual property developed or generated exclusively at private expense, either prior to, or outside the scope of, this Agreement, pre-existing Data to be utilized or and delivered under this Agreement by the Performer and/or its Subcontractors shall be delivered with restrictions as delineated in the List Performer Identification and Assertion of Intellectual Property Assertions Use, Release, or Disclosure Restrictions provided in Attachment 5. The Performer reserves the right to add to or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officer.

Allocation of Principal Rights. (1. This Agreement shall be performed with mixed Government ) The Seller may retain the entire right, title, and Performer funding. The Parties agree that in consideration for Government fundinginterest throughout the world to each subject invention subject to the provisions of this clause, the Performer intends to reduce to Practical Application Subject Invention(s) developed under this Agreement. 2. The Performer agrees to retain and maintain in good condition, until two including (2) years after completion below, and 35 U.S.C. 203. With respect to any subject invention in which the Seller retains title, the Federal Government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or termination have practiced for or on behalf of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s)the United States the subject invention throughout the world. 3(2) Provided DOE has issued an exceptional circumstance in accordance with 37 CFR 401.3, if the Seller performs services at a Government owned and operated laboratory or at a Government owned and contractor operated laboratory directed by the Government to fulfill the Government’s obligations under a Cooperative Research and Development Agreement (CRADA) authorized by 15 U.S.C. 3710a, the Government may require the Seller to negotiate an agreement with the CRADA collaborating party or parties regarding the allocation of rights to any subject invention the Seller makes, solely or jointly, under the CRADA. The agreement shall be negotiated prior to the Seller undertaking the CRADA work or, with the permission of the Government, upon the identification of a subject invention. In the event absence of exercise such an agreement, the Seller agrees to grant the collaborating party or parties an option for a license in its inventions of the Government’s “March-in Rights” as same scope and terms set forth under Article VII or in this subparagraphthe CRADA for inventions made by the Government. Exhibit 4, the Performer agrees that, with respect to Data necessary to achieve Practical Application of the applicable Subject Invention(sAuthorization and Consent (Dec 2005) Cost Accounting Standards—Clauses (Dec 2005), the Government has the right to require the Performer to deliver, within sixty Parts III & IV RIGHTS IN DATA-FACILITIES (60BioEnergy Science Center [BESC] Deviation) calendar days from the date of the written request and at no additional cost to the Government, all such Data to the Government in accordance with its reasonable directions if the Government determines that:(Oct 2007) (attached) (a) Such action is necessary because The following personnel are considered to be essential to the Performerwork being performed hereunder: Xxxxx Xxxxxxx Xxx Xxxx PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. UT-Battelle, assignee, or exclusive licensee has not taken effective steps, consistent with LLC Acting under contract DE-AC05-00OR22725 With the intent U.S. Department of this Agreement, to achieve Practical Application Energy Internet: xxxx://xxx.xxxx.xxx/adm/contracts/index.htm Page 8 of the Subject Invention(s) developed during the performance of this Agreement;10 Subcontract 0000000000 (b) Such action is necessary The Seller must notify the Company before diverting any listed person(s) to alleviate health or safety needs which are not reasonably satisfied by the Performeranother program, assignee, or exclusive licensee; or providing justification (cincluding proposed substitutions) Such action is necessary in sufficient detail to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licensee. 4. With respect to all Data delivered in the event permit evaluation of the Government’s exercise impact on the program. No diversion shall be made without the consent of its right under this subparagraph A.3the Company; provided, that the Government Company may ratify a diversion in writing and the ratification shall receive Unlimited Rights. 5constitute consent. With respect to Data developed, generated or delivered under The list of key personnel may be revised by mutual agreement during the period of this Agreement, the Government shall receive Government Purpose Rights. 6. Any data or intellectual property developed or generated exclusively at private expense, either prior to, or outside the scope of, this Agreement, to be utilized or delivered under this Agreement by the Performer and/or its Subcontractors shall be delivered with restrictions as delineated in the List of Intellectual Property Assertions provided in Attachment 5. The Performer reserves the right to add to or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officer.

Allocation of Principal Rights. (1. This Agreement shall be performed with mixed Government ) The Seller may retain the entire right, title, and Performer funding. The Parties agree that in consideration for Government fundinginterest throughout the world to each subject invention subject to the provisions of this clause, the Performer intends to reduce to Practical Application Subject Invention(s) developed under this Agreement. 2. The Performer agrees to retain and maintain in good condition, until two including (2) years after completion below, and 35 U.S.C. 203. With respect to any subject invention in which the Seller retains title, the Federal Government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or termination have practiced for or on behalf of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s)the United States the subject invention throughout the world. 3(2) Provided DOE has issued an exceptional circumstance in accordance with 37 CFR 401.3, if the Seller performs services at a Government owned and operated laboratory or at a Government owned and contractor operated laboratory directed by the Government to fulfill the Government’s obligations under a Cooperative Research and Development Agreement (CRADA) authorized by 15 U.S.C. 3710a, the Government may require the Seller to negotiate an agreement with the CRADA collaborating party or parties regarding the allocation of rights to any subject invention the Seller makes, solely or jointly, under the CRADA. The agreement shall be negotiated prior to the Seller undertaking the CRADA work or, with the permission of the Government, upon the identification of a subject invention. In the event absence of exercise such an agreement, the Seller agrees to grant the collaborating party or parties an option for a license in its inventions of the Government’s “March-in Rights” as same scope and terms set forth under Article VII or in this subparagraphthe CRADA for inventions made by the Government. Exhibit 4, the Performer agrees that, with respect to Data necessary to achieve Practical Application of the applicable Subject Invention(sAuthorization and Consent (Dec 2005) Cost Accounting Standards — Clauses (Dec 2005), the Government has the right to require the Performer to deliver, within sixty Parts III & IV RIGHTS IN DATA-FACILITIES (60BioEnergy Science Center [BESC] Deviation) calendar days from the date of the written request and at no additional cost to the Government, all such Data to the Government in accordance with its reasonable directions if the Government determines that:(Oct 2007) (attached) (a) Such action is necessary because The following personnel are considered to be essential to the Performerwork being performed hereunder: Xxxxx Xxxxxxx Xxx Xxxx PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. UT-Battelle, assignee, or exclusive licensee has not taken effective steps, consistent with LLC Acting under contract DE-AC05-00OR22725 With the intent U.S. Department of this Agreement, to achieve Practical Application Energy Internet: xxxx://xxx.xxxx.xxx/adm/contracts/index.htm Page 8 of the Subject Invention(s) developed during the performance of this Agreement;11 Subcontract 0000000000 (b) Such action is necessary The Seller must notify the Company before diverting any listed person(s) to alleviate health or safety needs which are not reasonably satisfied by the Performeranother program, assignee, or exclusive licensee; or providing justification (cincluding proposed substitutions) Such action is necessary in sufficient detail to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licensee. 4. With respect to all Data delivered in the event permit evaluation of the Government’s exercise impact on the program. No diversion shall be made without the consent of its right under this subparagraph A.3the Company; provided, that the Government Company may ratify a diversion in writing and the ratification shall receive Unlimited Rights. 5constitute consent. With respect to Data developed, generated or delivered under The list of key personnel may be revised by mutual agreement during the period of this Agreement, the Government shall receive Government Purpose Rights. 6. Any data or intellectual property developed or generated exclusively at private expense, either prior to, or outside the scope of, this Agreement, to be utilized or delivered under this Agreement by the Performer and/or its Subcontractors shall be delivered with restrictions as delineated in the List of Intellectual Property Assertions provided in Attachment 5. The Performer reserves the right to add to or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officer.

Allocation of Principal Rights. 1. This Agreement shall be performed with mixed Government and Performer funding. The Parties agree that in consideration for Government funding, the Performer intends to reduce to Practical Application Subject Invention(s) practical application items, components and processes developed under this Agreement. 2. The Performer agrees to retain and maintain in good condition, condition until two (2) years after completion or termination of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s). 3practical application. In the event of exercise of the Government’s “March-in Rights” Rights as set forth under Article VII or in subparagraph A.3 of this subparagrapharticle, the Performer agrees thatagrees, with respect upon written request from the Government, to deliver at no additional cost to the Government, all Data necessary to achieve Practical Application of the applicable Subject Invention(s), the Government has the right to require the Performer to deliver, practical application within sixty (60) calendar days from the date of the written request and at no additional cost request. The Government shall retain Unlimited Rights, as defined in paragraph A above, to this delivered Data. Enclosure 1 Conformed Copy P00012 3. The Performer agrees that, with respect to Data necessary to achieve practical application, DARPA has the Government, right to require the Performer to deliver all such Data to the Government DARPA in accordance with its reasonable directions if the Government DARPA determines that: (a) Such action is necessary because the Performer, assignee, Performer or exclusive licensee assignee has not taken effective steps, consistent with the intent of this Agreement, to achieve Practical Application practical application of the Subject Invention(s) technology developed during the performance of this Agreement; (b) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Performer, assignee, or exclusive licenseetheir licensees; or (c) Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licenseelicensees. 4. With respect to all Data delivered in the event of the Government’s exercise of its right under this subparagraph A.3, the Government shall receive Unlimited Rights. 5. With respect to Data developed, generated or delivered under this Agreement, the Government shall receive Government Purpose Rights, except as noted in subparagraph (5) of this article. 5. With respect to all Data delivered, in the event of the Government’s exercise of its right under subparagraph B.2 of this article, the Government shall receive Unlimited Rights. 6. Any data or intellectual property developed or generated exclusively at private expense, either prior to, or outside the scope of, this Agreement, pre-existing Data to be utilized or and delivered under this Agreement by the Performer and/or its Subcontractors shall be delivered with restrictions as delineated in the List Performer Identification and Assertion of Intellectual Property Assertions Use, Release, or Disclosure Restrictions provided in Attachment 5. The Performer reserves the right to add to or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officer.

Allocation of Principal Rights. 1. This Agreement shall be performed with mixed Government and Performer funding. The Parties agree that in consideration for Government funding, the Performer intends to reduce to Practical Application Subject Invention(s) practical application items, components and processes developed under this Agreement. 2. The Performer agrees to retain and maintain in good condition, condition until two (2) years after completion or termination of this Agreement, all Data necessary to achieve Practical Application of Subject Invention(s). 3practical application. In the event of exercise of the Government’s “'s March-in Rights” Rights as set forth under Article VII or in subparagraph A.3 of this subparagrapharticle, the Performer agrees thatagrees, with respect upon written request from the Government, to deliver at no additional cost to the Government, all Data necessary to achieve Practical Application of the applicable Subject Invention(s), the Government has the right to require the Performer to deliver, practical application within sixty (60) calendar days from the date of the written request and at no additional cost request. The Government shall retain Unlimited Rights, as defined in paragraph A above, to this delivered Data. 3. The Performer agrees that, with respect to Data necessary to achieve practical application, DARPA has the Government, right to require the Performer to deliver all such Data to the Government DARPA in accordance with its reasonable directions if the Government DARPA determines that: (a) Such action is necessary because the Performer, assignee, Performer or exclusive licensee assignee has not taken effective steps, consistent with the intent of this Agreement, to achieve Practical Application practical application of the Subject Invention(s) technology developed during the performance of this Agreement; (b) Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Performer, assignee, or exclusive licenseetheir licensees; or (c) Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the Performer, assignee, or exclusive licenseelicensees. 4. With respect to all Data delivered in the event of the Government’s exercise of its right under this subparagraph A.3, the Government shall receive Unlimited Rights. 5. With respect to Data developed, generated or delivered under this Agreement, the Government shall receive Government Purpose Rights, except as noted in subparagraph (5) of this article. 5. With respect to all Data delivered, in the event of the Government's exercise of its right under subparagraph B.2 of this article, the Government shall receive Unlimited Rights. 6. Any data or intellectual property developed or generated exclusively at private expense, either prior to, or outside the scope of, this Agreement, pre-existing Data to be utilized or and delivered under this Agreement by the Performer and/or its Subcontractors shall be delivered with restrictions as delineated in the List Performer Identification and Assertion of Intellectual Property Assertions Use, Release, or Disclosure Restrictions provided in Attachment 5. The Performer reserves the right to add to or modify the data or intellectual property identified in Attachment 5, but agrees that it will not use in the performance of this Agreement any private expense data or intellectual property until Attachment 5 is modified to reflect such additional data or intellectual property, in a contractual document executed by the Contracting Officer.