Common use of Final Disposition of Appeal or Suit Clause in Contracts

Final Disposition of Appeal or Suit. (1) If the Performer or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, the Agreement Officer's decision is sustained— (i) The restrictive marking on the technical data shall be cancelled, corrected or ignored; and (ii) If the restrictive marking is found not to be substantially justified, the Performer or subcontractor, as appropriate, shall be liable to the Government for payment of the cost to the Government of reviewing the restrictive marking and the fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Government in challenging the marking, unless special circumstances would make such payment unjust. (2) If the Performer or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, the Agreement Officer's decision is not sustained— 56 | P a g e (i) The Government shall continue to be bound by the restrictive marking; and (ii) The Government shall be liable to the Performer or subcontractor for payment of fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Performer or subcontractor in defending the marking, if the challenge by the Government is found not to have been made in good faith.

Final Disposition of Appeal or Suit. (1) If the Performer Contractor or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, the Agreement Contracting Officer's decision is sustained—sustained-- (i) The restrictive marking on the technical data shall be cancelledcanceled, corrected corrected, or ignored; and (ii) If the restrictive marking is found not to be substantially justified, the Performer Contractor or subcontractor, as appropriate, shall be liable to the Government for payment of the cost to the Government of reviewing the restrictive marking and the fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Government in challenging the marking, unless special circumstances would make such payment unjust. (2) If the Performer Contractor or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, the Agreement Contracting Officer's decision is not sustained— 56 | P a g esustained-- (i) The Government shall continue to be bound by the restrictive marking; and (ii) The Government shall be liable to the Performer Contractor or subcontractor for payment of fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Performer Contractor or subcontractor in defending the marking, if the challenge by the Government is found not to have been made in good faith.

Final Disposition of Appeal or Suit. (1) If the Performer Contractor or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, the Agreement Contracting Officer's decision is sustained— (i) The restrictive marking on the technical data shall be cancelled, corrected or ignored; and (ii) If the restrictive marking is found not to be substantially justified, the Performer Contractor or subcontractor, as appropriate, shall be liable to the Government for payment of the cost to the Government of reviewing the restrictive marking and the fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Government in challenging the marking, unless special circumstances would make such payment unjust. (2) If the Performer Contractor or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, the Agreement Contracting Officer's decision is not sustained— 56 | P a g e— (i) The Government shall continue to be bound by the restrictive marking; and (ii) The Government shall be liable to the Performer Contractor or subcontractor for payment of fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Performer Contractor or subcontractor in defending the marking, if the challenge by the Government is found not to have been made in good faith.

Final Disposition of Appeal or Suit. (1) If the Performer Contractor or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, the Agreement Contracting Officer's decision is sustained—sustained-- (i) The restrictive marking on the technical data shall be cancelledcanceled, corrected or ignored; and (ii) If the restrictive marking is found not to be substantially justified, the Performer Contractor or subcontractor, as appropriate, shall be liable to the Government for payment of the cost to the Government of reviewing the restrictive marking and the fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Government in challenging the marking, unless special circumstances would make such payment unjust. (2) If the Performer Contractor or subcontractor appeals or files suit and if, upon final disposition of the appeal or suit, the Agreement Contracting Officer's decision is not sustained— 56 | P a g esustained-- (i) The Government shall continue to be bound by the restrictive marking; and (ii) The Government shall be liable to the Performer Contractor or subcontractor for payment of fees and other expenses (as defined in 28 U.S.C. 2412(d)(2)(A)) incurred by the Performer Contractor or subcontractor in defending the marking, if the challenge by the Government is found not to have been made in good faith.