Common use of March-in Rights Clause in Contracts

March-in Rights. The Subrecipient agrees that with respect to any subject invention in which it has acquired title, NRAO has the right in accordance with procedures in 37 CFR 401.6 and NSF regulations at 45 CFR 650.13 to require the Subrecipient, an assignee, or exclusive licensee of a subject invention to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the Subrecipient, assignee, or exclusive licensee refuses such a request, NRAO has the right to grant such a license itself if NRAO determines that: a. Such action is necessary because the Subrecipient or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use; b. Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the Subrecipient, assignee, or their licensees; c. Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the Subrecipient, assignee, or licensee; or d. Such action is necessary because the agreement required by paragraph 9. of this clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement.

March-in Rights. The Subrecipient Recipient agrees that with respect to any subject invention in which it has acquired title, NRAO the National Park Service has the right in accordance with the procedures in 37 CFR 401.6 and NSF any supplemental regulations at 45 CFR 650.13 of the National Park Service to require the SubrecipientRecipient, an assignee, assignee or exclusive licensee of a subject invention to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the SubrecipientRecipient, assignee, or exclusive licensee refuses such a request, NRAO request the National Park Service has the right to grant such a license itself if NRAO the National Park Service determines that: a. (1) Such action is necessary because the Subrecipient Recipient or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use;. b. (2) Such action is necessary to alleviate health or safety needs needs, which are not reasonably satisfied by the SubrecipientRecipient, assignee, assignee or their licensees; c. (3) Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the SubrecipientRecipient, assignee, assignee or licenseelicensees; or d. (4) Such action is necessary because the agreement required by paragraph 9. (i) of this clause provision has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement.