Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights. 7.1.1.3.2 Data that are Proprietary Information or Restricted Access Information XYZ shall place a proper proprietary marking on each medium used for recording Data that XYZ delivers to NRL under this Agreement that XYZ asserts is Proprietary Information. NRL shall inform XYZ whenever Subject Data generated by NRL is to be marked as Restricted Access Information. The Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Article 1. If the Collaborators mutually agree to the marking then: (a) For Non-Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION - NRL MAY USE ONLY FOR PURPOSE OF CRADA NUMBER NCRADA-NRL-14-XXX”; (b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION – GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER NCRADA-NRL-14-XXX”; (c) For Data that are Restricted Access Information, the marking shall read: “RESTRICTED ACCESS INFORMATION – PROTECT IN ACCORDANCE WITH NCRADA-NRL-«CRADA_no» UNTIL [INSERT DATE]: wherein the date to be inserted will not exceed five (5) years from the generation of a Restricted Access Information document”. 7.1.1.3.3 Data that are Subject to 35 USC 205 NRL shall xxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”
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Samples: Navy Cooperative Research and Development Agreement, Navy Cooperative Research and Development Agreement
Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights.
7.1.1.3.2 Data that are Proprietary Information or Restricted Access Information XYZ shall place a proper proprietary marking on each medium used for recording Data that XYZ delivers to NRL under this Agreement that XYZ asserts is Proprietary Information. NRL XYZ shall inform XYZ whenever request in writing if it wishes Subject Data generated by NRL is to be marked as Restricted Access Information. The Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Article 1. If the Collaborators mutually agree to the marking then:
(a) For Non-Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION - NRL MAY USE ONLY FOR PURPOSE OF CRADA NUMBER NCRADA-NRL-14-XXX”;
(b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION – GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER NCRADA-NRL-14-XXX”;
(c) For Data that are Restricted Access Information, the marking shall read: “RESTRICTED ACCESS INFORMATION – PROTECT IN ACCORDANCE WITH NCRADA-NRL-«CRADA_no» NRL-13-XXX UNTIL [INSERT DATE]: wherein the date to be inserted will not exceed five (5) years from the generation of a Restricted Access Information document”.
7.1.1.3.3 Data that are Subject to 35 USC 205 NRL shall xxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”
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Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights.
7.1.1.3.2 Data that That are Proprietary Information or Restricted Access Information XYZ [Non-Navy Collaborator] shall place a proper proprietary marking on each medium used for recording Data that XYZ [Non-Navy Collaborator] delivers to NRL [Navy Collaborator] under this Agreement that XYZ [Non-Navy Collaborator] asserts is Proprietary Information. NRL [Non-Navy Collaborator] shall inform XYZ whenever request in writing if it wishes Subject Data generated by NRL is [Navy Collaborator] to be marked as Restricted Access Information. The Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Article 1. If the Collaborators mutually agree to the marking then:
(a) For Non-Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION - NRL [Non-Navy Collaborator] – [Navy Collaborator] MAY USE ONLY FOR PURPOSE OF CRADA NUMBER NCRADA-NRL-14-XXX“NCRADA-[Navy Collaborator] - [last two digits of CY]-[lab CRADA sequence number]”;
(b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION [Non-Navy Collaborator] – GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER NCRADA-NRL-14-XXXCRADA NUMBER “NCRADA-[Navy Collaborator]-[last two digits of CY]-[lab CRADA sequence number]”;
(c) For Data that are Restricted Access Information, the marking shall read: “RESTRICTED ACCESS INFORMATION – PROTECT IN ACCORDANCE WITH NCRADA-NRL-«CRADA_no» CRADA NUMBER “NCRADA-[Navy Collaborator]-[last two digits of CY]-[lab CRADA sequence number]” UNTIL [INSERT DATE]: wherein the Insert negotiated date not to be inserted will not exceed five (5) years from the generation of a Restricted Access Information document]”.
7.1.1.3.3 Data that That are Subject to 35 USC 205 NRL shall xxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY [Navy Collaborator] DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”
7.1.1.3.4 Data That are Classified Information, CUI, MCT, or Otherwise Restricted Each Collaborator shall xxxx all Data that are Classified Information, CUI, MCT, or otherwise restricted by U.S. security or export control laws or regulations that it provides under this Agreement.
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Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights.
7.1.1.3.2 NUCYCLE Data that That are Proprietary Information or Restricted Access Information XYZ NUCYCLE shall place a proper proprietary marking on each medium used for recording Data that XYZ NUCYCLE delivers to NRL NMRC under this Agreement that XYZ NUCYCLE asserts is Proprietary Information such that:
(a) For Non-Subject Data that are NUCYCLE's Proprietary Information. NRL , the marking shall inform XYZ whenever read: "PROPRIETARY INFORMATION OF NUCYCLE - NMRC AND FRAUNHOFER MAY USE ONLY FOR PURPOSE OF CRADA NUMBER 'NCRADA-NMRC-44-1954' AND THE NIH GRANT".
(b) For Subject Data that are NUCYCLE Proprietary Information, the marking shall read: NMR-1954 "PROPRIETARY INFORMATION OF NUCYCLE - GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER CRADA NUMBER 'NCRADA-NMRC-04-1954' AND FRAUNHOFER HAS RIGHTS UNDER THIS CRADA."
(c) All Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definition of Proprietary Information in Article 1.
7.1.1.3.3 FRAUNHOFER Data That are Proprietary Information FRAUNHOFER shall place a proper proprietary marking on each medium used for recording Data that FRAUNHOFER delivers to NMRC under this Agreement that FRAUNHOFER asserts is Proprietary Information such that:
(a) For Non-Subject Data that are FRAUNHOFER's Proprietary Information, the marking shall read: "PROPRIETARY INFORMATION OF FRAUNHOFER - NMRC AND NUCYCLE MAY USE ONLY FOR PURPOSE OF CRADA NUMBER `NCRADA NMRC-04-1954"';
(b) For Subject Data that are FRAUNHOFER’s Proprietary Information, the marketing shall read: "PROPRIETARY INFORMATION OF FRAUNHOFER - GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER CRADA NUMBER 'NCRADA - NMRC-04 1954' AND NUCYCLE HAS RIGHTS UNDER THIS CRADA.";
(c) All Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definition of Proprietary Information in Article 1.
7.1.1.3.4 Data That Are Restricted Access Information NUCYCLE or FRAUNHOFER shall request in writing if it wishes Subject Data generated by NRL is NMRC to be marked as Restricted Access Information. The All Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Restricted Access Information in of Article 1. If the Collaborators mutually agree to the marking then:
(a) For Non-Subject Data that are Proprietary Informationmarking, then NMRC shall xxxx the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION - NRL MAY USE ONLY FOR PURPOSE OF CRADA NUMBER NCRADA-NRL-14-XXX”;
(b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION – GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER NCRADA-NRL-14-XXX”;
(c) For Data that are Restricted Access Information, the marking shall readInformation as: “"RESTRICTED ACCESS INFORMATION – - PROTECT IN ACCORDANCE WITH CRADA NUMBER "NCRADA-NRL-«CRADA_no» NMRC-04-1954" UNTIL [INSERT DATE]: wherein the date to be inserted will not exceed five (5) years from the generation of a Restricted Access Information document”August 15, 2007.
7.1.1.3.3 7.1.1.3.5 Data that are Subject to 35 USC 205 NRL NMRC shall xxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY NMR-1954 "Naval Medical Research Center DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”"
7.1.1.3.6 Data that are Classified Information, CUI, MCT, or Otherwise Restricted Each Collaborator shall xxxx all Data that are Classified Information, CUI, MCT, or otherwise restricted by U.S. security or export control laws or regulations that it provides under this Agreement.
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Samples: Cooperative Research and Development Agreement (InB:Biotechnologies, Inc.)
Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx mxxx all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights.
7.1.1.3.2 Data that That are Proprietary Information or Restricted Access Information XYZ BIOPURE shall place a proper proprietary marking on each medium used for recording Data that XYZ BIOPURE delivers to NRL NMRC under this Agreement that XYZ BIOPURE asserts is Proprietary Information. NRL BIOPURE shall inform XYZ whenever request in writing if it wishes Subject Data generated by NRL is NMRC to be marked as Restricted Access Information. The Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Article 1. If the Collaborators mutually agree to the marking then:
(a) For Non-Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION - NRL BIOPURE–NMRC MAY USE ONLY FOR PURPOSE OF CRADA NUMBER “NCRADA-NRL-14NMRC -03-XXX1497”;
(b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION – BIOPURE–GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER CRADA NUMBER “NCRADA-NRL-14NMRC-03-XXX1497”;
(c) For Data that are Restricted Access Information, the marking shall read: “RESTRICTED ACCESS INFORMATION – PROTECT IN ACCORDANCE WITH CRADA NUMBER “NCRADA-NRL-«CRADA_no» NMRC-03-1497” UNTIL [INSERT DATE]: wherein the date to be inserted will not exceed five NOT TO EXCEED FIVE (5) years from the generation of a Restricted Access Information documentYEARS FROM THE GENERATION OF A RESTRICTED ACCESS INFORMATION DOCUMENT]”.
7.1.1.3.3 Data that That are Subject to 35 USC 205 NRL NMRC shall xxxx mxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY NMRC DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”
7.1.1.3.4 Data That are Classified Information, CUI, MCT, or Otherwise Restricted Each Collaborator shall mxxx all Data that are Classified Information, CUI, MCT, or otherwise restricted by U.S. security or export control laws or regulations that it provides under this Agreement.
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Samples: Cooperative Research and Development Agreement (Biopure Corp)
Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx mark all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights.
7.1.1.3.2 Data that That are Proprietary Information or Restricted Access Information XYZ [Non-Navy Collaborator] shall place a proper proprietary marking on each medium used for recording Data that XYZ [Non-Navy Collaborator] delivers to NRL [Navy Collaborator] under this Agreement that XYZ [Non-Navy Collaborator] asserts is Proprietary Information. NRL [Non-Navy Collaborator] shall inform XYZ whenever request in writing if it wishes Subject Data generated by NRL is [Navy Collaborator] to be marked as Restricted Access Information. The Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Article 1. If the Collaborators mutually agree to the marking then:
(a) For Non-Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION [Non-Navy Collaborator] - NRL [Navy Collaborator] MAY USE ONLY FOR PURPOSE OF CRADA NUMBER NCRADA-NRL-14-XXX“NCRADA-[Navy Collaborator] - [last two digits of CY]-[lab CRADA sequence number]”;
(b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION – [Non-Navy Collaborator] - GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER NCRADA-NRL-14-XXX”;CRADA NUMBER “NCRADA-[Navy
(c) For Data that are Restricted Access Information, the marking shall read: “RESTRICTED ACCESS INFORMATION – - PROTECT IN ACCORDANCE WITH NCRADA-NRL-«CRADA_no» XXXXX NUMBER “NCRADA-[Navy Collaborator]-[last two digits of CY]-[lab CRADA sequence number]” UNTIL [INSERT DATE]: wherein the Insert negotiated date not to be inserted will not exceed five (5) years from the generation of a Restricted Access Information document]”.
7.1.1.3.3 Data that are Subject to 35 USC 205 NRL shall xxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY [Navy Collaborator] DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”
7.1.1.3.4 Data that are Classified Information, CUI, MCT, or Otherwise Restricted Each Collaborator shall mark all Data that are Classified Information, CUI, MCT, or otherwise restricted by U.S. security or export control laws or regulations that it provides under this Agreement.
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Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights.
7.1.1.3.2 Data that That are Proprietary Information or Restricted Access Information XYZ [Non-Navy Collaborator] shall place a proper proprietary marking on each medium used for recording Data that XYZ [Non-Navy Collaborator] delivers to NRL [Navy Collaborator] under this Agreement that XYZ [Non-Navy Collaborator] asserts is Proprietary Information. NRL [Non-Navy Collaborator] shall inform XYZ whenever request in writing if it wishes Subject Data generated by NRL is [Navy Collaborator] to be marked as Restricted Access Information. The Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Article 1. If the Collaborators mutually agree to the marking then:
(a) For Non-Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION [Non-Navy Collaborator] - NRL [Navy Collaborator] MAY USE ONLY FOR PURPOSE OF CRADA NUMBER NCRADA-NRL-14-XXX“NCRADA-[Navy Collaborator] - [last two digits of CY]-[lab CRADA sequence number]”;
(b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION – [Non-Navy Collaborator] - GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER NCRADA-NRL-14-XXXCRADA NUMBER “NCRADA-[Navy Collaborator]-[last two digits of CY]-[lab CRADA sequence number]”;
(c) For Data that are Restricted Access Information, the marking shall read: “RESTRICTED ACCESS INFORMATION – - PROTECT IN ACCORDANCE WITH NCRADA-NRL-«CRADA_no» CRADA NUMBER “NCRADA-[Navy Collaborator]-[last two digits of CY]-[lab CRADA sequence number]” UNTIL [INSERT DATE]: wherein the Insert negotiated date not to be inserted will not exceed five (5) years from the generation of a Restricted Access Information document]”.
7.1.1.3.3 Data that are Subject to 35 USC 205 NRL [Navy Collaborator] shall xxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY [Navy Collaborator] DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”
7.1.1.3.4 Data that are Classified Information, CUI, MCT, or Otherwise Restricted Each Collaborator shall xxxx all Data that are Classified Information, CUI, MCT, or otherwise restricted by U.S. security or export control laws or regulations that it provides under this Agreement.
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Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights.
7.1.1.3.2 Data that are Proprietary Information or Restricted Access Information XYZ [NON-NAVY COLLABORATOR] shall place a proper proprietary marking on each medium used for recording Data that XYZ [NON-NAVY COLLABORATOR] delivers to NRL [NAVY COLLABORATOR] under this Agreement that XYZ [NON- NAVY COLLABORATOR] asserts is Proprietary Information. NRL shall inform XYZ whenever [NON-NAVY COLLABORATOR] hereby requests that it wishes Subject Data generated by NRL is [NAVY COLLABORATOR] to be marked as Restricted Access Information, with the duration of the protection thus conferred to be five (5) years from its creation. The Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Article 1. If the Collaborators mutually agree to the marking then:
(a) For Non-Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION [NON-NAVY COLLABORATOR] - NRL [NAVY COLLABORATOR] MAY USE ONLY FOR PURPOSE OF CRADA NUMBER NCRADA-NRL-14-XXX”;“NCRADA-[NAVY
(b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION – [NON-NAVY COLLABORATOR] - GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER NCRADA-NRL-14-XXX”;CRADA NUMBER “NCRADA-[NAVY
(c) For Data that are Restricted Access Information, the marking shall read: “RESTRICTED ACCESS INFORMATION – - PROTECT IN ACCORDANCE WITH NCRADA-NRL-«CRADA_no» CRADA NUMBER “NCRADA-[NAVY COLLABORATOR] - [last two digits of CY]-[lab CRADA sequence number]” UNTIL [INSERT DATE]Insert Date: wherein the Insert negotiated date not to be inserted will not exceed five (5) years from the generation of a Restricted Access Information document]”.
7.1.1.3.3 7.1. 1.3.3 Data that That are Subject to 35 USC 205 NRL shall xxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY [NAVY COLLABORATOR] DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”
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Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights.
7.1.1.3.2 Data that are Proprietary Information or Restricted Access Information XYZ [NON-NAVY COLLABORATOR] shall place a proper proprietary marking on each medium used for recording Data that XYZ [NON-NAVY COLLABORATOR] delivers to NRL [NAVY COLLABORATOR] under this Agreement that XYZ [NON-NAVY COLLABORATOR] asserts is Proprietary Information. NRL shall inform XYZ whenever [NON-NAVY COLLABORATOR] hereby requests that it wishes Subject Data generated by NRL is [NAVY COLLABORATOR] to be marked as Restricted Access Information, with the duration of the protection thus conferred to be five (5) years from its creation. The Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Article 1. If the Collaborators mutually agree to the marking then:
(a) For Non-Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION [NON-NAVY COLLABORATOR] - NRL [NAVY COLLABORATOR] MAY USE ONLY FOR PURPOSE OF CRADA NUMBER NCRADA-NRL-14-XXX“NCRADA-[NAVY COLLABORATOR] - [last two digits of CY]-[lab CRADA sequence number]”;
(b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION – [NON-NAVY COLLABORATOR] - GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER NCRADA-NRL-14-XXXCRADA NUMBER “NCRADA-[NAVY COLLABORATOR] - [last two digits of CY]-[lab CRADA sequence number]”;
(c) For Data that are Restricted Access Information, the marking shall read: “RESTRICTED ACCESS INFORMATION – - PROTECT IN ACCORDANCE WITH NCRADA-NRL-«CRADA_no» CRADA NUMBER “NCRADA-[NAVY COLLABORATOR] - [last two digits of CY]-[lab CRADA sequence number]” UNTIL [INSERT DATE]Insert Date: wherein the Insert negotiated date not to be inserted will not exceed five (5) years from the generation of a Restricted Access Information document]”.
7.1.1.3.3 Data that are Subject to 35 USC 205 NRL shall xxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”
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Marking of Data. 7.1.1.3.1 Data Provided With Less Than Unlimited Rights Each Collaborator shall xxxx all Data that it provides with less than Unlimited Rights with a marking that clearly identifies the limited rights.
7.1.1.3.2 Data that That are Proprietary Information or Restricted Access Information XYZ [Non-Navy Collaborator] shall place a proper proprietary marking on each medium used for recording Data that XYZ [Non-Navy Collaborator] delivers to NRL [Navy Collaborator] under this Agreement that XYZ [Non-Navy Collaborator] asserts is Proprietary Information. NRL [Non-Navy Collaborator] shall inform XYZ whenever request in writing if it wishes Subject Data generated by NRL is [Navy Collaborator] to be marked as Restricted Access Information. The Collaborators together shall confer to determine if such marking is appropriate, with reference to the Definitions of Article 1. If the Collaborators mutually agree to the marking then:
(a) For Non-Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION [Non-Navy Collaborator] - NRL [Navy Collaborator] MAY USE ONLY FOR PURPOSE OF CRADA NUMBER NCRADA-NRL-14-XXX“NCRADA-[Navy Collaborator] - [last two digits of CY]-[lab CRADA sequence number]”;
(b) For Subject Data that are Proprietary Information, the marking shall read: “PROPRIETARY INFORMATION OF XYZ CORPORATION – [Non-Navy Collaborator] - GOVERNMENT HAS GOVERNMENT PURPOSE RIGHTS UNDER NCRADA-NRL-14-XXX”;CRADA NUMBER “NCRADA-[Navy
(c) For Data that are Restricted Access Information, the marking shall read: “RESTRICTED ACCESS INFORMATION – - PROTECT IN ACCORDANCE WITH NCRADA-NRL-«CRADA_no» CRADA NUMBER “NCRADA-[Navy Collaborator]-[last two digits of CY]-[lab CRADA sequence number]” UNTIL [INSERT DATE]: wherein the Insert negotiated date not to be inserted will not exceed five (5) years from the generation of a Restricted Access Information document]”.
7.1.1.3.3 Data that are Subject to 35 USC 205 NRL shall xxxx Data it provides under this Agreement that disclose one or more Inventions in which the Government owns or may own a right, title or interest, and that are subject to confidentiality under 35 USC 205. Such Data shall be marked: “NAVAL RESEARCH LABORATORY [Navy Collaborator] DATA PROTECTED FROM RELEASE OR DISCLOSURE UNDER 35 USC 205.”
7.1.1.3.4 Data that are Classified Information, CUI, MCT, or Otherwise Restricted Each Collaborator shall xxxx all Data that are Classified Information, CUI, MCT, or otherwise restricted by U.S. security or export control laws or regulations that it provides under this Agreement.
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