Availability of Contract and Other Data Clause Samples

Availability of Contract and Other Data. (a) The Recipient will, for the entire period of Recipient's participation in the project at the Facility (including operation of the Facility) and for three years thereafter, whether or not under a Government Cooperative Agreement, keep and maintain all technical data, including limited rights data and data obtained from subcontractors and licensors, necessary to construct and/or operate the Facility, and all data including business and financial data necessary to evaluate the technical and economic operation of the Facility. During the entire period of construction and/or operation of the Facility, regardless of whether the Government participates past Design, the Recipient shall permit the Government and its representative the right to inspect at the Facility any data kept and maintained pursuant to this paragraph. The Recipient shall, after termination of the Government's participation in the project at the facility, periodically deliver reports to the Government on the construction and operation of the facility, which reports shall not include limited rights data. (b) If the Recipient withdraws from this Cooperative Agreement or defaults after Design or Construction, the Government shall have the right to have all data kept and maintained pursuant to Paragraph (a) above, delivered to the Government or otherwise disposed of as the Contracting Officer shall direct upon such termination, unless delivery of such data has been excused under Articles 08 or 09 above. Any limited rights data delivered pursuant to this paragraph shall be marked as provided in Paragraph (g)(2) of the Rights in Data – General clause with the addition to the legend thereof after (a)(5) as follows: