Common use of Minimum Rights to Contractor Clause in Contracts

Minimum Rights to Contractor. 1. The Contractor will retain a non-exclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, except if the Contractor fails to disclose the subject invention within the times specified in paragraph c. above. The Contractor's license extends to its domestic subsidiaries and affiliates, if any, within the corporate structure of which the Contractor is a party and includes the right to grant sublicenses of the same scope to the extent the Contractor was legally obligated to do so at the time the contract was awarded. The license is transferable only with the approval of NSF except when transferred to the successor of that part of the Contractor's business to which the invention pertains. 2. The Contractor's domestic license may be revoked or modified by NSF to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with applicable provisions at 37 CFR §404. This license will not be revoked in that field of use or the geographical areas in which the Contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at discretion of NSF to the extent the Contractor, its licensees, or its domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country. 3. Before revocation or modification of the license, NSF will furnish the Contractor a written notice of its intention to revoke or modify the license, and the Contractor will be allowed thirty days (or such other time as may be authorized by NSF for good cause shown by the Contractor) after the notice to show cause why the license should not be revoked or modified. The Contractor has the right to appeal, in accordance with applicable regulations in 37 CFR §404 concerning the licensing of Government-owned inventions, any decision concerning the revocation or modification of its license.

Appears in 4 contracts

Samples: Small Projects Fixed Price Contract, Fixed Price Construction Services Agreement, Fixed Price Construction Services Agreement

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Minimum Rights to Contractor. (1. ) The Contractor will shall retain a non-exclusive nonexclusive, royalty-free license throughout the world in each subject invention to which the Government obtains title, title under paragraph (d) of this clause except if the Contractor fails to disclose the subject invention within the times specified in paragraph c. (c) above. The Contractor's ’s license extends to its domestic subsidiaries and affiliates, if any, within the corporate structure of which the Contractor is a party part and includes the right to grant sublicenses of the same scope to the extent the Contractor was legally obligated to do so at the time the contract was awarded. The license is transferable only with the approval of NSF DOE except when transferred to the successor of that part of the Contractor's ’s business to which the invention pertains. (2. ) The Contractor's ’s domestic license may be revoked or modified by NSF DOE to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with applicable provisions at in 37 CFR §404part 404 and DOE licensing regulations. This license will shall not be revoked in that field of use or the geographical areas in which the Contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of NSF DOE to the extent the Contractor, its licensees, or its domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country. (3. ) Before revocation or modification of the license, NSF will DOE shall furnish the Contractor a written notice of its intention to revoke or modify the license, and the Contractor will shall be allowed thirty 30 days (or such other time as may be authorized by NSF DOE for good cause shown by the Contractor) after the notice to show cause why the license should not be revoked or modified. The Contractor has the right to appeal, in accordance with applicable DOE licensing regulations in and 37 CFR §404 concerning the licensing of Government-owned inventions, any decision concerning the revocation or modification of its license.

Appears in 2 contracts

Samples: Cooperative Agreement (Babcock & Wilcox Co), Cooperative Agreement (Usec Inc)

Minimum Rights to Contractor. (1. ) The Contractor will shall retain a non-exclusive nonexclusive, royalty-free license throughout the world in each subject invention to which the Government obtains title, title except if the Contractor fails to disclose the subject invention within the times specified in paragraph c. (c) above. The Contractor's license extends to its domestic subsidiaries and affiliates, if any, within the corporate structure of which the Contractor is a party part and includes the right to grant sublicenses of the same scope to the extent the Contractor was legally obligated to do so at the time the contract was awarded. The license is transferable only with the approval of NSF the funding Federal agency except when transferred to the successor of that part of the Contractor's business to which the invention pertains. (2. ) The Contractor's domestic license may be revoked or modified by NSF the funding Federal agency to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with applicable provisions at 37 CFR §404in the Federal Property Management Regulations and agency licensing regulations (if any). This license will shall not be revoked in that field of use or the geographical areas in which the Contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of NSF the funding Federal agency to the extent the Contractor, its licensees, or its domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country. (3. ) Before revocation or modification of the license, NSF will the funding Federal agency shall furnish the Contractor a written notice of its intention to revoke or modify the license, and the Contractor will shall be allowed thirty 30 days (or such other time as may be authorized by NSF the funding Federal agency for good cause shown by the Contractor) after the notice to show cause why the license should not be revoked or modified. The Contractor contractor has the right to appeal, in accordance with applicable agency licensing regulations in and 37 CFR §404 concerning the licensing of Government-owned inventions, any decision concerning the revocation or modification of its license.

Appears in 1 contract

Samples: Patent and Data Provisions

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Minimum Rights to Contractor. (1. ) The Contractor will shall retain a non-exclusive nonexclusive, royalty-free license throughout the world in each subject invention to which the Government obtains title, title except if the Contractor fails to disclose the subject invention within the times specified in paragraph c. (c) above. The Contractor's ’s license extends to its domestic subsidiaries and affiliates, if any, within the corporate structure of which the Contractor is a party part and includes the right to grant sublicenses of the same scope to the extent the Contractor was legally obligated to do so at the time the contract was awarded. The license is transferable only with the approval of NSF the funding Federal agency except when transferred to the successor of that part of the Contractor's ’s business to which the invention pertains. (2. ) The Contractor's ’s domestic license may be revoked or modified by NSF the funding Federal agency to the extent necessary to achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted in accordance with applicable provisions at 37 CFR §404in the Federal Property Management Regulations and agency licensing regulations (if any). This license will shall not be revoked in that field of use or the geographical areas in which the Contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of NSF the funding Federal agency to the extent the Contractor, its licensees, or its domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country. (3. ) Before revocation or modification of the license, NSF will the funding Federal agency shall furnish the Contractor a written notice of its intention to revoke or modify the license, and the Contractor will shall be allowed thirty 30 days (or such other time as may be authorized by NSF the funding Federal agency for good cause shown by the Contractor) after the notice to show cause why the license should not be revoked or modified. The Contractor has the right to appeal, in accordance with applicable agency licensing regulations in and 37 CFR §404 concerning the licensing of Government-owned inventions, any decision concerning the revocation or modification of its license.

Appears in 1 contract

Samples: Contract (Cree Inc)

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