Common use of Omitted or incorrect markings Clause in Contracts

Omitted or incorrect markings. 6.1. Data delivered by Developer to In-Q-Tel without any of the restrictive notices authorized by Sections 3 or 7 of this Exhibit 4 shall be deemed to have been furnished with Government Purpose License Rights in such Data. However, if the Data has not been disclosed without restriction outside In-Q-Tel and the Government, Developer may request permission to have notices placed on qualifying Data, and the Government may agree to do so if Developer: (i) Identifies the Data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the use of the proposed notice is authorized; and (iv) Acknowledges that neither In-Q-Tel nor the Government has any liability with respect to the disclosure, use, or reproduction of any such Data made prior to the addition of the notice or resulting from the omission of the notice. 6.2. The Government may permit correction of incorrect notices if Developer identifies the Data on which correction of the notice is to be made and demonstrates that the correct notice is authorized.

Omitted or incorrect markings. 6.1. Data delivered by Developer to In-Q-Tel IQT without any of the restrictive notices authorized by Sections 3 or 7 of this Exhibit 4 shall be deemed to have been furnished with Government Purpose License Rights in such Data. However, if the Data has not been disclosed without restriction outside In-Q-Tel IQT and the Government, Developer may request permission to IQT to have notices placed on qualifying DataData within 5 months after delivery of such Data to the Government, and the Government may agree to do so if Developer: (i) Identifies the Data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the use of the proposed notice is authorized; and (iv) Acknowledges that neither In-Q-Tel nor the Government has any liability with respect to the disclosure, use, or reproduction of any such Data made prior to the addition of the notice or resulting from the omission of the notice. 6.2. The Government may permit correction of incorrect notices if Developer identifies the Data on which correction of the notice is to be made and demonstrates that the correct notice is authorized.