Common use of Preference for United States Industry Clause in Contracts

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

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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

Samples: Patent Rights Agreement, Patent Rights 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 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

Samples: Patent and Data Provisions, Contract (Cree Inc)

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

Samples: Tia Single Modification (Perpetua Resources Corp.)

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

Samples: Eere Intellectual Property Provisions

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: Tia Single Modification (Perpetua Resources Corp.)

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

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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

Samples: Sales Contract (Earth Search Sciences 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 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

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