Common use of Data First Produced by the Government Clause in Contracts

Data First Produced by the Government. To the extent that Data first produced by the Government during the performance of Agreement is used by or on behalf of the Seller in the performance of any Project, the Government shall retain its preexisting rights in such data, including modifications or changes, made by either Government or the Seller, to such data as part of the performance under the Project. Such data will, to the extent permitted by law, be appropriately marked with a suitable notice or legend and maintained in confidence by the Seller for a period of ten (10) years after the development of the information, with the express understanding that during the aforesaid period such data may be disclosed and used (under suitable protective conditions) by or on behalf of the Government for Government purposes only.