Common use of Protection of Limited Rights Data Clause in Contracts

Protection of Limited Rights Data. (1) When data other than that listed in subparagraphs (b)(1)(i), (ii), and (iii) of this clause are specified to be delivered under this agreement and such data qualify as either limited rights data or restricted computer software, the Recipient, if the Recipient desires to continue protection of such data, shall withhold such data and not furnish them to the Government under this agreement. As a condition to this withholding the Recipient shall identify the data being withheld and furnish form, fit, and function data in lieu thereof. (2) Notwithstanding subparagraph (h) (1) of this clause, the agreement may identify and specify the delivery of limited rights data, or the Contracting Officer may require by written request the delivery of limited rights data that has been withheld or would otherwise be withholdable. If delivery of such data is so required, the Recipient may affix the following "Limited Rights Notice" to the data and the Government will thereafter treat the data, in accordance with such Notice: LIMITED RIGHTS NOTICE (a) These data are submitted with limited rights under Government agreement No. DE-FE0001882 (and subaward/contract No. , if appropriate). These data may be reproduced and used by the Government with the express limitation that they will not, without written permission of the Recipient, be used for purposes of manufacture nor disclosed outside the Government; except that the Government may disclose these data outside the Government for the following purposes, if any, provided that the Government makes such disclosure subject to prohibition against further use and disclosure: (1) Use (except for manufacture) by Federal support services contractors within the scope of their contracts; (2) This "limited rights data" may be disclosed for evaluation purposes under the restriction that the "limited rights data" be retained in confidence and not be further disclosed; (3) This "limited rights data" may be disclosed to other contractors participating in the Government's program of which this Recipient is a part for information or use (except for manufacture) in connection with the work performed under their awards and under the restriction that the "limited rights data" be retained in confidence and not be further disclosed; (4) This "limited rights data" may be used by the Government or others on its behalf for emergency repair or overhaul work under the restriction that the "limited rights data" be retained in confidence and not be further disclosed; (5) Release to a foreign government, or instrumentality thereof, as the interests of the United States Government may require, for information or evaluation, or for emergency repair or overhaul work by such government; and (6) As otherwise allowed in this agreement, use by the Government or others on its behalf to the extent necessary to enable the Government to complete the Statement of Project Objectives of this agreement. (b) This Notice shall be marked on any reproduction of these data, in whole or in part. (End of notice)

Protection of Limited Rights Data. (1) When data other than that listed in subparagraphs (b)(1)(i), (ii), and (iii) of this clause are specified to be delivered under this agreement and such data qualify as either limited rights data or restricted computer software, the Recipient, if the Recipient desires to continue protection of such data, shall withhold such data and not furnish them to the Government under this agreement. As a condition to this withholding the Recipient shall identify the data being withheld and furnish form, fit, and function data in lieu thereof. [ * ] CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. (2) Notwithstanding subparagraph (h) (1h)(1) of this clause, the agreement may identify and specify the delivery of limited rights data, or the Contracting Officer may require by written request the delivery of limited rights data that has been withheld or would otherwise be withholdable. If delivery of such data is so required, the Recipient may affix the following "“Limited Rights Notice" ” to the data and the Government will thereafter treat the data, in accordance with such Notice: LIMITED RIGHTS NOTICE (a) These data are submitted with limited rights under Government agreement Agreement No. DE-FE0001882 EE0002882 (and subaward/contract No. N/A, if appropriate). These data may be reproduced and used by the Government with the express limitation that they will not, without written permission of the Recipient, be used for purposes of manufacture nor disclosed outside the Government; except that the Government may disclose these data outside the Government for the following purposes, if any, provided that the Government makes such disclosure subject to prohibition against further use and disclosure: (1) Use (except for manufacture) by Federal support services contractors within the scope of their contracts; (2) This "These “limited rights data" ” may be disclosed for evaluation purposes under the restriction that the "“limited rights data" ” be retained in confidence and not be further disclosed; (3) This "These “limited rights data" ” may be disclosed to other contractors participating in the Government's program ’s program, of which this Recipient is a part part, for information or use (except for manufacture) in connection with the work performed under their awards awards, and under the restriction that the "“limited rights data" ” be retained in confidence and not be further disclosed; (4) This "These “limited rights data" ” may be used by the Government or others on its behalf for emergency repair or overhaul work under the restriction that the "“limited rights data" ” be retained in confidence and not be further disclosed;; and (5) Release to a foreign government, or instrumentality thereof, as the interests of the United States Government may require, for information or evaluation, or for emergency repair or overhaul work by such government; and (6) As otherwise allowed in this agreement, use by the Government or others on its behalf to the extent necessary to enable the Government to complete the Statement of Project Objectives of this agreement. (b) This Notice shall be marked on any reproduction of these data, in whole or in part. (End of notice)

Protection of Limited Rights Data. (1) When data other than that listed in subparagraphs (b)(1)(i), (ii), and (iii) of this clause are specified to be delivered under this agreement and such data qualify as either limited rights data or restricted computer software, the Recipient, if the Recipient desires to continue protection of such data, shall withhold such data and not furnish them to the Government under this agreement. As a condition to this withholding the Recipient shall identify the data being withheld and furnish form, fit, and function data in lieu thereof. (2i) Notwithstanding Subaward/Contract The Recipient has the responsibility to obtain from its subrecipients/contractors all data and rights therein necessary to fulfill the Recipient’s obligations to the Government under this agreement. If a subrecipient/contractor refuses to accept terms affording the Government such rights, the Recipient shall promptly bring such refusal to the attention of the Contracting Officer and not proceed with subaward/contract award without further authorization. (j) Additional Data Requirements In addition to the data specified elsewhere in this agreement to be delivered, the Contracting Officer may, at anytime during agreement performance or within a period of 3 years after acceptance of all items to be delivered under this agreement, order any data first produced or specifically used in the performance of this agreement. This clause is applicable to all data ordered under this subparagraph. Nothing contained in this subparagraph shall require the Recipient to deliver any data the withholding of which is authorized by this clause or data which are specifically identified in this agreement as not subject to this clause. When data are to be delivered under this subparagraph, the Recipient will be compensated for converting the data into the prescribed form, for reproduction, and for delivery. (k) The Recipient agrees, except as may be otherwise specified in this agreement for specific data items listed as not subject to this paragraph, that the Contracting Officer or an authorized representative may, up to three years after acceptance of all items to be delivered under this contract, inspect at the Recipient’s facility any data withheld pursuant to paragraph (h) (1) of this clause, for purposes of verifying the agreement may identify and specify Recipient’s assertion pertaining to the delivery of limited rights data, or restricted rights status of the data or for evaluating work performance. Where the Recipient whose data are to be inspected demonstrates to the Contracting Officer may require that there would be a possible conflict of interest if the inspection were made by written request the delivery of limited rights data that has been withheld or would otherwise be withholdable. If delivery of such data is so requireda particular representative, the Recipient may affix Contracting Officer shall designate an alternate inspector. As prescribed in 600.325(e)(2), the following "Limited Rights Notice" to the data and the Government will thereafter treat the data, in accordance with such Notice: LIMITED RIGHTS NOTICE (a) These data are submitted with limited rights under Government agreement No. DE-FE0001882 (and subaward/contract No. , if appropriate). These data Alternate I and/or II may be reproduced and used by the Government with the express limitation that they will not, without written permission of the Recipient, be used for purposes of manufacture nor disclosed outside the Government; except that the Government may disclose these data outside the Government for the following purposes, if any, provided that the Government makes such disclosure subject to prohibition against further use and disclosure: (1) Use (except for manufacture) by Federal support services contractors within the scope of their contracts; (2) This "limited rights data" may be disclosed for evaluation purposes under the restriction that the "limited rights data" be retained in confidence and not be further disclosed; (3) This "limited rights data" may be disclosed to other contractors participating inserted in the Government's program of which this Recipient is a part for information or use (except for manufacture) clause in connection with the work performed under their awards and under the restriction that the "limited rights data" be retained in confidence and not be further disclosed; (4) This "limited rights data" may be used by the Government or others on its behalf for emergency repair or overhaul work under the restriction that the "limited rights data" be retained in confidence and not be further disclosed; (5) Release to a foreign government, or instrumentality thereof, as the interests of the United States Government may require, for information or evaluation, or for emergency repair or overhaul work by such government; and (6) As otherwise allowed in this agreement, use by the Government or others on its behalf to the extent necessary to enable the Government to complete the Statement of Project Objectives of this agreement. (b) This Notice shall be marked on any reproduction of these data, in whole or in partaward instrument. (End of notice)Alternate I: