PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party may designate and xxxx as Protected CRADA Information any Generated Information produced by its employees, which meets the definition in Article I and, with the agreement of the other Party, so designate any Generated Information produced by the other Party’s employees which meets the definition in Article I. All such designated Protected CRADA Information shall be appropriately marked. For a period of five (5) years from the date Protected CRADA Information is produced, the Parties agree not to further disclose such information and to use the same degree of care and discretion, but no less than reasonable care and discretion, to avoid disclosure, publication or dissemination of such information to a third party, as the Party employs for similar protection of its own information which it does not desire to disclose, publish, or disseminate except:
(1) as necessary to perform this CRADA;
(2) as published in a patent application or an issued patent before the protection period expires;
(3) as provided in Article X [REPORTS AND PUBLICATIONS];
(4) as requested by the DOE Contracting Officer to be provided to other DOE facilities for use only at those DOE facilities solely for Government use only with the same protection in place and marked accordingly.
(5) when a specific maximum time period for delaying the public release of data is authorized in the terms of a Government funding agreement used to fund this CRADA and that maximum period is shorter than the time period set forth in this Article for protecting Protected CRADA Information;
(6) to existing or potential licensees, affiliates, customers, or suppliers of the Parties in support of the commercialization of the technology with the same protection in place. Disclosure of the Participant’s Protected CRADA Information under this subparagraph shall only be done with the Participant’s consent; or
(7) as mutually agreed to by the Parties in advance. The obligations of this paragraph shall end sooner for any Protected CRADA Information which shall become publicly known without fault of either Party, shall come into a Party’s possession without breach by that Party of the obligations of paragraph above, or shall be independently developed by a Party’s employees who did not have access to the Protected CRADA Information. Federal Government employees who are subject to 18 USC 1905 may have access to Protected CRADA Infor...
PROTECTED CRADA INFORMATION. Each Party may designate and xxxx as Protected CRADA Information (PCI) any qualifying Generated Information produced by its employees. For a period of years [not to exceed five years] from the date it is produced, the Parties agree not to further disclose such PCI except as necessary to perform this CRADA or as requested by the DOE Contracting Officer to be provided to other DOE facilities for use only at those DOE facilities with the same protection in place and marked accordingly. Government employees who are subject to 18USC 1905 may have access to PCI.
PROTECTED CRADA INFORMATION. “CRADA Protected Information” sshall refer to information, including CRADA Data (not including images collected by the device in the course of testing at NIST), that is developed by NIST in the course of the activities under the Program, that is specific to the Participant’s Device, Software or Documentation, and that could have been treated as privileged or confidential had it been obtained from a non-Federal party. Unless otherwise mutually agreed upon by the Parties in writing, NIST shall not disclose such CRADA Protected Information to any third party for five (5) years from the development of the CRADA Protected Information. NIST will treat CRADA Protected Information as exempt from disclosure for the period designated in this Article under the provision of subchapter II of chapter 5 of title 5, United States Code. Images collected from the devices (using non-live artifacts/targets) may be shared with others within the federal government for the purposes of managing interoperability and system intake issues, or included in publications discussing aggregate results (anonymously with no attribution to the vendor).
PROTECTED CRADA INFORMATION. “CRADA Protected Information” shall refer to information, including CRADA Data, that is developed by NIST in the course of the activities under the Program, that is specific to the Participant’s Device, Software or Documentation, and that could have been treated as privileged or confidential had it been obtained from a non-Federal party. Unless otherwise mutually agreed upon by the Parties in writing, NIST shall not to disclose such CRADA Protected Information to any third party for five (5) years from the development of the CRADA Protected Information. NIST will treat CRADA Protected Information as exempt from disclosure for the period designated in this Article under the provision of subchapter II of chapter 5 of title 5, United States Code.
PROTECTED CRADA INFORMATION. In the event that Xxxxxxxx desires to use Alliance Protected CRADA Information for purposes other than those set forth in Article VII, Section C of the CRADA, such Protected CRADA Information shall be added to Exhibit A for no additional consideration upon execution by the Parties of a written amendment hereto.
PROTECTED CRADA INFORMATION. 7.3.1 Each party may designate as Protected CRADA Information, as defined in Article 1, any Generated Information produced by its employees, and with the agreement of the other party, mark xxx Generated Information produced by the other party's employees. All such designated Protected CRADA Information shall be appropriately marked.
7.3.2 For a period of 2 years from the date Protected CRADA Information is produced, Parties agree not to further disclose such Information except:
(1) as necessary to perform this CRADA; (2) as mutually agreed by the Parties in advance.
7.3.3 The obligation of 7.3.2 above shall end sooner for any Protected CRADA Information which shall become publicly known without fault of either party, shall come into a party's possession without breach by that party of the obligations of 7.3.2 above, or shall be independently developed by a party's employees who did not have access to the Protected CRADA Information or as required by the Freedom of Information Act.
PROTECTED CRADA INFORMATION. The term “
PROTECTED CRADA INFORMATION. 10.3.1 Each party may designate as Protected CRADA Information, as defined in Article 2, any Generated Information produced by its employees, and with the agreement of the other party, mark any Generated Information produced by the other party’s employees. All such designated Protected CRADA Information shall be appropriately marked.
10.3.2 For a period of five (5) years from the date the Protected CRADA Information is produced, the parties agree not to further disclose such Protected CRADA Information except:
1) as necessary to perform this CRADA; and
2) as mutually agreed by the parties in writing in advance.
10.3.3 The obligation of 10.3.2 above shall end sooner for any Protected CRADA Information which shall become publicly known without fault of either party, shall come into a party’s possession without breach by that party of the obligations of 10.3.2 above, or shall be independently developed by a party’s employees who did not have access to the Protected CRADA Information, or as required by the Freedom of Information Act, as amended (5 USC § 552, et seq.).
PROTECTED CRADA INFORMATION. Pursuant to 15 U.S.C. § 3710a (c) (7) (B), with respect to information resulting from the performance of this CRADA that would be PROPRIETARY or CONFIDENTIAL if the information had been obtained from the PARTNER, ERDC may provide appropriate protection against the dissemination of such information, including exemption from the Freedom of Information Act (5 U.S.C. § 552a).
3.4.1. Each PARTY may designate as PROTECTED CRADA INFORMATION any SUBJECT DATA produced by its employees, and, with the agreement of the PARTY initially developing the information, mark any SUBJECT DATA produced by that PARTY’s employees. All such designated PROTECTED CRADA INFORMATION shall be appropriately marked.
3.4.2. For a period of five (5) years from the date PROTECTED CRADA INFORMATION is produced, the PARTIES agree not to further disclose such information except as:
a. Necessary to perform this CRADA;
b. Provided in Article 3, Data Rights and Publication;
c. Requested by ERDC to be provided to other Government facilities for Government use only with the same protection in place; or
d. Mutually agreed by the PARTIES in advance;
e. By Court order.
3.4.3. The obligations of 3.4.2 above shall end sooner for any information that shall become publicly known without the fault of any PARTY, shall come into a PARTY’s possession without breach by that PARTY of the obligations of 3.4 above, or shall be independently developed by a PARTY’s employees who did not have access to PROTECTED CRADA INFORMATION.
PROTECTED CRADA INFORMATION. Each Party may designate and mark as Protected CRADA Information (PCI) any qualifying Generated Information produced by its employees. However, the Contractor does not intend to mark any of its Generated Information as PCI (see Article IX: Export Control.) For a period of five (5) years from the date it is produced, the Parties agree not to further disclose such PCI except as necessary to perform this CRADA or as requested by the DOE Contracting Officer to be provided to other DOE facilities for use only at those DOE facilities with the same protection in place and marked accordingly. Government employees who are subject to 18 USC 1905 may have access to PCI.
