Common use of Prior Technology Clause in Contracts

Prior Technology. Government Prior Technology: In the event it is necessary for the Government to furnish the CM or any Research Project Awardee, including their respective employees or their subawards of any tier, with Data which existed prior to, or was produced outside of this Agreement, and such Data is so identified with a suitable notice or legend, the Data will be maintained in confidence and disclosed and used only for the purpose of carrying out their responsibilities under this Agreement. Data protection will include proprietary markings and handling, and the signing of non-disclosure agreements by the CM, Research Project Awardees, or subawards of any tier and their respective employees to whom such Data is provided for use under the Agreement. Upon completion of activities under this Agreement, such Data will be disposed of as requested by the Government. CM and Research Project Awardee: In the event it is necessary for the CM or Research Project Awardee to furnish the Government with Data which existed prior to, or was produced outside of this Agreement, and such Data embodies trade secrets or comprises commercial or financial information which is privileged or confidential, and such Data is so identified with a suitable notice or legend, the Data will be maintained in confidence and disclosed and used by the Government and such Government Contractors or contract employees that the Government may hire on a temporary or periodic basis only for the purpose of carrying out the Government’s responsibilities under this Agreement. Data protection will include proprietary markings and handling, and the signing of nondisclosure agreements by such Government Contractors or contract employees. Neither the CM nor Research Project Awardee shall be obligated to provide Data that existed prior to, or was developed outside of this Agreement to the Government. Upon completion of activities under this Agreement, such Data will be disposed of as requested by the CM on behalf of itself or Research Project Awardees. Oral and Visual Information: If information which the CM, Research Project Awardees, or their subawards of any tier and their respective employees considers to embody trade secrets or to comprise commercial or financial information which is privileged or confidential is expressly disclosed orally or visually directly to the Government, the exchange of such information must be memorialized in tangible, recorded form and marked with a suitable notice or legend, and furnished to the Government within ten (10) calendar days after such oral or visual disclosure, or the Government shall have no duty to limit or restrict, and shall not incur any liability for any disclosure and use of such information. Upon Government request, additional detailed information about the exchange will be provided subject to restrictions on use and disclosure. Disclaimer of Liability: Notwithstanding the above, the Government shall not be restricted in, nor incur any liability for, the disclosure and use of:

Prior Technology. Government Prior Technology: In the event it is necessary for the Government to furnish the CM or any Research Project AwardeePerformer, including their respective employees or their subawards subcontractors of any tier, with Data data which existed prior to, or was produced outside of this Agreement, and such Data data is so identified with a suitable notice or legend, the Data data will be maintained in confidence and disclosed and used only for the purpose of carrying out their responsibilities under tinder this Agreement. Data protection will include proprietary markings and handling, and the signing of non-disclosure agreements Non- Disclosure Agreements (NDAs) by the CM, Research Project Awardees, or subawards Performer and the Performers subcontractors of any tier and their respective employees employees) to whom such Data data is provided for use under the Agreement. Upon completion of activities under this Agreement, such Data data will be disposed of as requested by the Government. CM and Research Project Awardee: In the event it is necessary for the CM or Research Project Awardee Performer to furnish the Government with Data data which existed prior to, or was produced outside of this Agreement, and such Data data embodies trade secrets or comprises commercial or financial information which is privileged or confidential, and such Data data is so identified with a suitable notice or legend, the Data data will be maintained in confidence and disclosed and used by the Government and such Government Contractors or contract employees that the Government may hire on a temporary or periodic basis only for the purpose of carrying out the Government’s responsibilities under this Agreement. Data protection will include proprietary markings and handling, and the signing of nondisclosure agreements NDAs by such Government Contractors or contract employees. Neither the CM nor Research Project Awardee The Performer shall not be obligated to provide Data data that existed prior to, to or was developed outside of this Agreement to the Government. Upon completion of activities under this Agreement, such Data data will be disposed of as requested by the CM on behalf of itself or Research Project AwardeesPerformer. Oral and Visual Information: If information which the CM, Research Project Awardees, Performer (or their subawards subcontractors of any tier and their respective employees employees) considers to embody trade secrets or to comprise commercial or financial information which is privileged or confidential is expressly disclosed orally or visually directly to the Government, the exchange of such information must be memorialized in tangible, recorded form and marked with a suitable notice or legend, legend and furnished to the Government within ten thirty (1030) calendar days after such oral or visual disclosure, or the Government shall have no duty to limit or restrict, and shall not incur any liability for any disclosure and use of such information. Upon Government request, additional detailed information about the exchange will be he provided subject to restrictions on use and disclosure. Disclaimer of Liability: Notwithstanding the above, the Government shall not be restricted in, nor incur any liability for, the disclosure and use of:.