Common use of Higher-than-Expected Indirect Costs Clause in Contracts

Higher-than-Expected Indirect Costs. The Prime Recipient understands that it is solely and exclusively responsible for managing its indirect costs. The Prime Recipient further understands that ARPA-E will not amend this Award solely to provide additional funds to cover increases in the Prime Recipient’s indirect cost rate. ARPA-E recognizes that the Prime Recipient may not be fully reimbursed for increases in its indirect cost rate, which may result in under-recovery. In the event that the Prime Recipient is not fully reimbursed for increases in its indirect cost rate, the Prime Recipient may use any under-recovery to meet its Phase II and Phase IIS cost sharing requirements under this Award. CLAUSE 31. PATENT COSTS Reimbursable Patent Costs Between Phase I, Phase II, and Phase IIS cumulatively, ARPA-E will reimburse the Prime Recipient up to $30,000 in for filing and prosecution of United States patent applications, including international applications (“PCT application”) submitted to the USPTO that are related to subject inventions disclosed to DOE in accordance with Attachment 2 to this Award. The Prime Recipient may request a waiver of the $30,000 reimbursement limit which is subject to review by the ARPA-E Program Director and approval by the Contracting Officer. Allowable costs associated with reporting subject inventions are not included in this $30,000 limitation.