Common use of PROTECTED CRADA INFORMATION Clause in Contracts

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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

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) 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each 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 PUBLICATIONSABSTRACTS]; (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 Information and shall not be required to sign non-non- disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party may designate and xxxx mark 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 another Party, so designate any Generated Information produced by the that 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 any 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each 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 PUBLICATIONSABSTRACTS]; (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 (76) 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 Information and shall not be required to sign non-non- disclosure agreements due to the provisions of the statute.

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 Information and shall not be required to sign non-non- disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party may designate and xxxx mark 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 Information and shall not be required to sign non-non- disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party may designate and xxxx mark 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party may designate and xxxx mark as Protected CRADA Information any Generated Information produced by its employeesemployees or subcontractors, which meets the definition in Article I and, with the agreement of the other another Party, so designate any Generated Information produced by the that other Party’s employees or subcontractors which meets the definition in Article I. All such designated Protected CRADA Information shall be appropriately marked. Because The Regents is part of an institution of higher education and intends to conduct its activities as fundamental research under the U.S. Export Administration Regulations, The Regents and BSA do not intend to mark any of its Generated Information as Protected CRADA Information. For a period of five three (53) 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) or 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 any 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute. COPYRIGHT: The Parties may assert Copyright in any of their respective Generated Information. Assertion of Copyright generally means to enforce or give an indication of an intent or right to enforce such as by marking or securing Federal registration. Copyrights in co-authored works by employees of more than one Party shall be held jointly by those Parties and use by any such Party shall be without accounting.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party may designate and xxxx mark 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 [not to exceed 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each 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 another Party, so designate any Generated Information produced by the that 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 PUBLICATIONSABSTRACTS]; (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 a Participant’s Protected CRADA Information under this subparagraph shall only be done with the that Participant’s consent; or (76) 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 any 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 Information and shall not be required to sign non-non- disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party the Participant may designate and xxxx as Protected CRADA Information any Generated Information produced by its employees, which meets the definition in Article I andI. Because The Regents is part of an institution of higher education and intends to conduct its activities as fundamental research under the U.S. Export Administration Regulations, with the agreement The Regents does not intend to xxxx any of the other Party, so designate any its Generated Information produced by the other Party’s employees which meets the definition in Article I. as Protected CRADA Information. All such designated Protected CRADA Information shall be appropriately marked. For a period of _____ years [not to exceed five (5) years 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 outside of the CRADA by a Party’s employees who did not have access to the Protected CRADA Information, or is disclosed through a product released by the Participant. If recipient receives without any obligation of confidentiality any information independently developed by a third party that is similar to Protected CRADA Information, disclosure by recipient of such third party information shall not be a breach of this CRADA. Federal Government employees who are subject to 18 USC 1905 may have access to Protected CRADA Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

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 [not to exceed 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

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 employeesemployees or subcontractors, which meets the definition in Article I and, with the agreement of the other another Party, so designate any Generated Information produced by the that other Party’s employees or subcontractors which meets the definition in Article I. All such designated Protected CRADA Information shall be appropriately marked. Because The Regents is part of an institution of higher education and intends to conduct its activities as fundamental research under the U.S. Export Administration Regulations, The Regents does not intend to xxxx any of its Generated Information as Protected CRADA Information. 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party may designate and xxxx mark 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 another Party, so designate any Generated Information produced by the that 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 a Participant’s Protected CRADA Information under this subparagraph shall only be done with the that 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 any 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

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 another Party, so designate any Generated Information produced by the that 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 a Participant’s Protected CRADA Information under this subparagraph shall only be done with the that 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 any 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party the Participant may designate and xxxx as Protected CRADA Information any Generated Information produced by its employees, which meets the definition in Article I andI. Because The Regents is part of an institution of higher education and intends to conduct its activities as fundamental research under the U.S. Export Administration Regulations, with the agreement The Regents does not intend to xxxx any of the other Party, so designate any its Generated Information produced by the other Party’s employees which meets the definition in Article I. as Protected CRADA Information. All such designated Protected CRADA Information shall be appropriately marked. For a period of five (5) three 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 outside of the CRADA by a Party’s employees who did not have access to the Protected CRADA Information, or is disclosed through a product released by the Participant. If recipient receives without any obligation of confidentiality any information independently developed by a third party that is similar to Protected CRADA Information, disclosure by recipient of such third party information shall not be a breach of this CRADA. Federal Government employees who are subject to 18 USC 1905 may have access to Protected CRADA Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each 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 another Party, so designate any Generated Information produced by the that 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 PUBLICATIONSABSTRACTS]; (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 (76) 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 any 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 Information and shall not be required to sign non-non- disclosure agreements due to the provisions of the statute.

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 each of the other PartyParties, so designate any Generated Information produced by the other Party’s Parties’ 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 Partyany of the other Parties, 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Each Party may designate and xxxx mark 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 PUBLICATIONSABSTRACTS]; (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 Information and shall not be required to sign non-non- disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party may designate and xxxx mark 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. Because The Regents is part of an institution of higher education and intends to conduct its activities as fundamental research under the U.S. Export Administration Regulations, The Regents does not intend to mark any of its Generated Information as Protected CRADA Information. 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 Information and shall not be required to sign non-non- disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party may designate and xxxx mark as Protected CRADA Information any Generated Information produced by its employeesemployees or Subcontractors, which meets the definition in Article I and, with the agreement of the other another Party, so designate any Generated Information produced by the that other Party’s employees or Subcontractors which meets the definition in Article I. All such designated Protected CRADA Information shall be appropriately marked. Because The Regents is part of an institution of higher education and intends to conduct its activities as fundamental research under the U.S. Export Administration Regulations, The Regents does not intend to mark any of its Generated Information as Protected CRADA Information. For a period of five three (53) 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) or 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 any 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute. COPYRIGHT: The Parties may assert Copyright in any of their respective Generated Information. Assertion of Copyright generally means to enforce or give an indication of an intent or right to enforce such as by marking or securing Federal registration. Copyrights in co-authored works by employees of more than one Party shall be held jointly by those Parties and use by any such Party shall be without accounting.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Party may designate and xxxx mark 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 another Party, so designate any Generated Information produced by the that 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

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 another Party, so designate any Generated Information produced by the that other Party’s employees which meets the definition in Article I. All such designated Protected CRADA Information shall be appropriately marked. Because The Regents is part of an institution of higher education and intends to conduct its activities as fundamental research under the U.S. Export Administration Regulations, The Regents does not intend to xxxx any of its Generated Information as Protected CRADA Information. 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) or 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 any 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute. COPYRIGHT: The Parties may assert Copyright in any of their respective Generated Information. Assertion of Copyright generally means to enforce or give an indication of an intent or right to enforce such as by marking or securing Federal registration. Copyrights in co-authored works by employees of more than one Party shall be held jointly by those Parties and use by any such Party shall be without accounting.

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 another Party, so designate any Generated Information produced by the that other Party’s employees which meets the definition in Article I. All such designated Protected CRADA Information shall be appropriately marked. Commented [BM3]: To be included only when LBNL is a member to the CRADA Because The Regents is part of an institution of higher education and intends to conduct its activities as fundamental research under the U.S. Export Administration Regulations, The Regents does not intend to xxxx any of its Generated Information as Protected CRADA Information . 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 any 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal funding agreement prohibits such protection, each Each Party may designate and xxxx mark 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 PUBLICATIONSABSTRACTS]; (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 (76) 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 Information and shall not be required to sign non-non- disclosure agreements due to the provisions of the statute.

PROTECTED CRADA INFORMATION. Except where a Participant’s Federal 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. Because the Contractor is an institution of higher education and generally conducts its activities as fundamental research under the U.S. Export Administration regulations, the Contractor does not intend to xxxx any of its Generated Information as Protected CRADA Information, but reserves the right to do so in appropriate circumstances. For a period of five (5) 3 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.

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 another Party, so designate any Generated Information produced by the that 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 any 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 Information and shall not be required to sign non-disclosure agreements due to the provisions of the statute.