Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for an agreement may be waived by the agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 17 contracts
Samples: Contract, Contract, Solicitation, Offer and Award
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor agrees that neither it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency DOE upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 14 contracts
Samples: Technology License Agreement, Technology License Agreement (Real Goods Solar, Inc.), Cooperative Agreement (Babcock & Wilcox Co)
Preference for United States Industry. Notwithstanding any other provision of this clause, the contractor agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the Contractor contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 11 contracts
Samples: Professional Services, Contractor Agreement, Terms and Conditions of Purchase
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor agrees that neither it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 9 contracts
Samples: Supplies and Non Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor agrees that neither it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency Federal Agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 4 contracts
Samples: Uniform Federal Contract Provisions Rider, Standard Terms and Conditions, Uniform Federal Contract Provisions Rider
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor agrees that neither it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products product embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency DOE upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 4 contracts
Samples: Subcontract Agreement (Nuvera Fuel Cells Inc), Subaward Agreement (Nuvera Fuel Cells Inc), Subcontract Agreement (Nuvera Fuel Cells Inc)
Preference for United States Industry. Notwithstanding any other provision of this clausearticle, neither the Contractor Performer nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for an agreement may be waived by the agency upon a showing by the Contractor Performer or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 4 contracts
Samples: Other Transaction for Prototype Agreement (Joby Aviation, Inc.), Other Transaction for Prototype Agreement (Joby Aviation, Inc.), Other Transaction for Prototype Agreement (Joby Aviation, Inc.)
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor agrees that neither it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products product embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 4 contracts
Samples: Contract (Irvine Sensors Corp/De/), Contract (Lumera Corp), Contract
Preference for United States Industry. Notwithstanding any other provision of this clausearticle, the recipient agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency Government upon a showing by the Contractor recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 4 contracts
Samples: Technology Investment Agreement (Perpetua Resources Corp.), Technology Investment Agreement, Technology Investment Agreement
Preference for United States Industry. Notwithstanding any other provision of this clause, the Recipient agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the Contractor Recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 3 contracts
Samples: Cooperative Agreement, Cooperative Agreement, Grant Agreement
Preference for United States Industry. Notwithstanding any other provision of this clause, the Seller agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products product embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency DOE upon a showing by the Contractor Seller or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 2 contracts
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor agrees that neither it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 2 contracts
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor Ark nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for an agreement may be waived by the agency upon a showing by the Contractor Ark or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 2 contracts
Samples: Development Services Agreement (Achaogen Inc), Development Services Agreement (Achaogen Inc)
Preference for United States Industry. Notwithstanding any other provision of this clause, the recipient agrees neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the Contractor recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, states or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 2 contracts
Samples: Cooperative Agreement (Cree Inc), Cooperative Agreement (Cree Inc)
Preference for United States Industry. Notwithstanding any other provision of this clause, The Recipient agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention Subject Inventions in the United States unless the such person agrees that any products embodying the subject invention Subject Invention or produced through the use of the subject invention Subject Invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency Office of Naval Research upon a showing by the Contractor Recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Agreement for Lightweight and Modern Metals Manufacturing Innovation (Lm3i) Institute
Preference for United States Industry. Notwithstanding any other provision of this clausearticle, the recipient agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency Government upon a showing by the Contractor recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible..
Appears in 1 contract
Preference for United States Industry. Notwithstanding any other provision of this clausearticle, the Recipient agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency Government upon a showing by the Contractor Recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Cooperative Agreement
Preference for United States Industry. Notwithstanding any other provision of this clause, the Recipient agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency DOE upon a showing by the Contractor Recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Preference for United States Industry. Notwithstanding any other provision of this clausearticle, the recipient agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency Government upon a showing by the Contractor recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible..
Appears in 1 contract
Preference for United States Industry. Notwithstanding Unless provided otherwise, no recipient that receives title to any other provision subject invention and no assignee of this clause, neither the Contractor nor any assignee such recipient shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for an agreement may be waived by the agency Administrator upon a showing by the Contractor recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Grant Agreement
Preference for United States Industry. Notwithstanding any other provision of this clause, the contractor agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the Contractor contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially commerically feasible.
Appears in 1 contract
Samples: Intellectual Property Provisions
Preference for United States Industry. Notwithstanding any other provision of this clause, Seller agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency Buyer and the Office of Naval Research upon a showing by the Contractor Seller or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Preference for United States Industry. Notwithstanding any other provision of this clause, the recipient agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency NRC upon a showing by the Contractor recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on or similar terms to potential licensees licenses that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Grant Agreement
Preference for United States Industry. Notwithstanding any other provision of this clauseSection, neither the Contractor agrees that neither it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products product embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency USDOE upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Professional Services Agreement
Preference for United States Industry. Notwithstanding any other provision of this clausearticle, the Recipient agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may my be waived by the agency Government upon a showing by the Contractor Recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Flow Downs Agreement
Preference for United States Industry. Notwithstanding any other provision of this clause, the contractor agrees that neither the Contractor contractor nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the agency may waive the requirement for an exclusive license agreement may be waived by the agency upon a showing by the Contractor contractor or its assignee that reasonable that
(1) Reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States; or
(2) Under circumstances, or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Customer Contract
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor Lead Participant nor any assignee shall must grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for an agreement may be waived by the agency upon a showing by the Contractor Lead Participant or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Memorandum of Agreement (Moa)
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor nor any assignee shall must grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for an agreement may be waived by the agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, or that under the circumstances domestic manufacture is not commercially feasible.. 2-14-2013 Page 14 of 58
Appears in 1 contract
Samples: Other Transaction Agreement (Ota) Memorandum of Agreement
Preference for United States Industry. Notwithstanding any other provision of this clause, the contractor agrees that neither the Contractor It nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the Contractor contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Grant Agreement
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor agrees that neither it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products product embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. , However, in individual cases, the requirement for such an agreement may be be, waived by the Federal agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful unsuccesful efforts have been made to grant licenses on can similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Contract (Markland Technologies Inc)
Preference for United States Industry. Notwithstanding any other provision of this clausearticle, the Recipient agrees that neither the Contractor it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention inventions in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency upon a showing by the Contractor Recipient or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Technology Investment Agreement
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor nor any assignee shall must grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for an agreement may be waived by the agency upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Operating Location Agreement
Preference for United States Industry. Notwithstanding any other provision of this clause, the contractor agrees that neither the Contractor contractor nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the agency may waive the requirement for an exclusive license agreement may be waived by the agency upon a showing by the Contractor contractor or its assignee that reasonable that—
(1) Reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States; or
(2) Under the circumstances, or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Addendum
Preference for United States Industry. Notwithstanding any other provision of this clause, neither the Contractor agrees that neither it nor any assignee shall will grant to any person the exclusive right to use or sell any subject invention in the United States unless the such person agrees that any products product embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the agency DOE upon a showing by the Contractor or its assignee that reasonable but unsuccessful efforts ef forts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States, States or that under the circumstances domestic manufacture is not commercially feasible.
Appears in 1 contract
Samples: Software License Agreement