Common use of Challenge Period Clause in Contracts

Challenge Period. Asserted restric- tions should be reviewed before accept- ance of technical data deliverable under the contract. Assertions must be challenged within three years after final payment under the contract or three years after delivery of the data, whichever is later. However, restrictive markings may be challenged at any time if the technical data— (i) Are publicly available without re- strictions; (ii) Have been provided to the United States without restriction; or (iii) Have been otherwise made avail- able without restriction other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the technical data to an- other party or the sale or transfer of some or all of a business entity or its assets to another party.