Common use of Rights of the Facility Operator or its Subcontractors-Election to Retain Rights Clause in Contracts

Rights of the Facility Operator or its Subcontractors-Election to Retain Rights. a. With respect to any Subject Invention reported in accordance with paragraph 7(b) of this Exhibit, the Facility Operator may elect to obtain title to each Subject Invention made by the Facility Operator's employees subject to the terms of its M&O Contract with the DOE. Once title has been elected by the Facility Operator, a Facility Operator's Subject Invention may subsequently be assigned to the Sponsor, the California Public Utilities Commission, or Load-Serving Entities, subject to the provisions of paragraphs 1, 2, 4 and 6 hereunder, for continuation of patent prosecution, the payment of maintenance fees, or other good cause as mutually agreed to by the DOE, Facility Operator and the Sponsor. In the case of a nonprofit management and operations Facility Operator, the above arrangement has been approved by the DOE under 35 USC 202 (c) (7). b. The Subcontractor shall report Subject Inventions it makes in accordance with the terms and conditions set forth in its subcontract with the Facility Operator. In addition, the Subcontractor shall disclose to the Facility Operator and Sponsor at the same time as disclosure to the DOE any Subject Inventions made by the Subcontractor under this Agreement. With respect to any Subject Invention reported in accordance with paragraph, the Subcontractor may elect to obtain title to each Subject Invention made by the Subcontractor's employees subject to the terms of its subcontract with Facility Operator. Any such subcontract must ensure that the Subcontractor agrees to grant, or Facility Operator obtains from Subcontractor, a license to the Sponsor and the Government to fulfill the obligations in section (1) above. c. Subcontractor Assignment to the Facility Operator or the Government. The Subcontractor agrees to assign to either the Facility Operator or the Government, as requested by the DOE, the entire right, title, and interest in any country to each Subject Invention of the Subcontractor, where the Subcontractor: i. does not elect pursuant to this Exhibit to retain such rights; ii. elects or is assigned title to a Subject Invention pursuant to this paragraph but fails to have a patent application filed in that country on the Subject Invention or decides not to continue prosecution or decides not to pay any maintenance fees covering such Subject Invention; or iii. elects to retain title but, at any time, no longer desires to retain title.

Rights of the Facility Operator or its Subcontractors-Election to Retain Rights. a. With respect to any Subject Invention reported in accordance with paragraph 7(b) of this Exhibit, the Facility Operator may elect to obtain title to each Subject Invention made by the Facility Operator's employees subject to the terms of its M&O Contract with the DOE. Once title has been elected by the Facility Operator, a Facility Operator's Subject Invention may subsequently be assigned to the Sponsor, the California Public Utilities Commission, or Load-Serving Entities, Sponsor subject to the provisions of paragraphs 1, 2, 4 and 6 hereunder, for continuation of patent prosecution, the payment of maintenance fees, or other good cause as mutually agreed to by the DOE, Facility Operator and the Sponsor. In the case of a nonprofit management and operations Facility Operator, the above arrangement has been approved by the DOE under 35 USC 202 (c) (7). b. The Subcontractor shall report Subject Inventions it makes in accordance with the terms and conditions set forth in its subcontract with the Facility Operator. In addition, the Subcontractor shall disclose to the Facility Operator and Sponsor at the same time as disclosure to the DOE any Subject Inventions made by the Subcontractor under this Agreement. With respect to any Subject Invention reported in accordance with this paragraph, the Subcontractor may elect to obtain title to each Subject Invention made by the Subcontractor's employees subject to the terms of its subcontract with Facility Operator. Any such subcontract must ensure that the Subcontractor agrees to grant, or Facility Operator obtains from Subcontractor, a license to the Sponsor and the Government to fulfill the obligations in section (1) above. c. Subcontractor Assignment to the Facility Operator or the Government. The Subcontractor agrees to assign to either the Facility Operator or the Government, as requested by the DOE, the entire right, title, and interest in any country to each Subject Invention of the Subcontractor, where the Subcontractor: i. does not elect pursuant to this Exhibit to retain such rights; ii. elects or is assigned title to a Subject Invention pursuant to this paragraph but fails to have a patent application filed in that country on the Subject Invention or decides not to continue prosecution or decides not to pay any maintenance fees covering such Subject Invention; or iii. elects to retain title but, at any time, no longer desires to retain title.