Common use of Rights to Protected Data Clause in Contracts

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. These protected data were produced under agreement no. DE-NE0008223 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum), unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice) (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data: (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h)

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. Protected Rights Notice These protected data were produced under agreement no. DE-NE0008223 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum), unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice) (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data: (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” '' will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 FE0001882 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)five years after it was generated, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” '' be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) FutureGen program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected nonprotected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. Unlimited Rights Data (Note: It is expected that this paragraph will specify certain Alliance) The following types of mutually agreed upon data pertain to all aspects of work or services performed under this award, including instrumentation and controls, CO2 compression and transport systems, geologic injection operations, and sequestration monitoring, verification, and accounting (MVA). For purposes of the listing below of Unlimited Rights Data, the term "non-proprietary" means information or data that will be available to the public and will does not be asserted by the recipient/contractor qualify as limited rights either Limited Rights Data, Protected Data or protected data). (5) The Government's sole obligation with respect to any protected data shall be Restricted Computer Software as set forth defined in this paragraph (g). (h)a) of this clause.

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “``protected data” '' will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum), unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “``Protected Data” '' be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed.pro (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-non- protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. Protected Rights Notice These protected data were produced under agreement no. DE-NE0008223 [Enter Agreement No.] with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until five (Note:) The period of protection of such 5) years after the date the data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)were first produced, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice) (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data: (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-non- protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. Protected Rights Notice These protected data were produced under agreement no. DE-NE0008223 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum), unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice) (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data: (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Noticenotice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 EE0002532 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until five (Note:) The period of protection of such 5) years from date that the data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)generated, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: : (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. Vehicle Technology’s Program (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; ; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; ; (c) If if the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h)

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 EE0002023 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until five (Note:) The period 5) years from date of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)disclosure, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed.’s Vehicle Technologies program (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected nonprotected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's ’s sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” '' will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 FE0005054 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)five years after it was generated, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” '' be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) FutureGen program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected nonprotected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain The following types of mutually agreed upon data that will be available pertain to all aspects of work or services performed under this award, including the public coal handling/drying system, air separation unit, oxy-combustion boiler, gas clean-up systems, power block, instrumentation and will not be asserted by the recipient/contractor as limited rights or protected data)controls, and CO2 compression and transport systems. 1. Non-proprietary physical and chemical properties of feedstock coal and of the CO2 capture system. 2. Equipment Lists – Non-proprietary summary of the major equipment (5systems and subsystems) The Government's sole obligation with respect for the project plant. Equipment is to any protected be identified by flow diagram, equipment type, and equipment number. General non-proprietary description data shall are to be as set forth in this paragraph (g). (h)provided for each equipment item, including, but not limited to, the number required for operation, size or capacity, major nonproprietary operating and design parameters, manufacturer and/or vendor.

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected dataProtected Data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement noAgreement No. DE-NE0008223 EE0002869 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum), unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For internal DOE evaluation and planning purposes under the restriction that the “Protected Data” Data be retained in confidence and not be further disclosed; or (b) To DOE staff members or authorized DOE contractors or subcontractors or other team members performing work under the Government's (insert name of ’s program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data: (a) At the end of the protected period; (b) If the data becomes become publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is are independently developed by someone who did not have access to the Protected Data and such data is are made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data: General test results and data that demonstrate progress toward meeting DOE’s technical goals to design, construct, build, and operate a demonstration- or pilot-scale integrated biorefinery employing lignocellulosic or algal feedstocks, and in certain special cases starch feedstocks, for the production of (i) liquid transportation fuels, (ii) biobased chemicals, products or co-products, or (iii) substitutes for petroleum-based feedstocks and products. These results and data will be made available to the public and included in the final project report, and in other reports and presentations, as appropriate. The parties agree that notwithstanding the following lists of types of datadata enumerated above, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected nonprotected data, nor does the following list preceding enumerated data constitute any admission by the Government that technical data not on the list is so enumerated are Protected Data. (Note: It is expected that this paragraph will specify certain The general data described above shall not include the following types of mutually agreed upon data, which Recipient intends, without limitation, to claim and xxxx as Protected Data: (a) Process Flow Diagrams (b) Mass & Energy Balances (c) Process Performance Parameters and Costs by Unit Operation, including the quality of the data that will used for those performance parameters, (e.g., scale, replication, degree of integration, range of values, etc.) (d) Capital Cost Estimate and Basis thereof: e.g. factored, vendor quotes, actual purchase prices, etc. (e) Pro Forma with best reproducible results to date with all assumptions listed and the basis/rationale behind all pro forma input parameters explained, including but not necessarily limited to: (i) Production cost parameters: e.g. consumables, utilities, labor, etc. (ii) Water consumption requirements and costs (iii) Waste disposal requirements and costs (f) Any additional financial and technical project information necessary and sufficient to validate the current and actual conversion costs associated with the facility or system as constructed and projected to be available operated for converting lignocellulosic or algal feedstocks, and in certain special cases starch feedstocks, into (i) liquid transportation fuels, or (ii) biobased chemicals, products or co-products, or (iii) substitutes for petroleum-based feedstocks and products. (g) Technical results based on data collected, to enable the public analysis, assessment and will evaluation of other areas of interest, including but not be asserted by the recipient/contractor as necessarily limited rights or protected data)to life cycle assessments, green house gas emissions, and sustainability metrics. (5) The Government's ’s sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. Protected Rights Notice These protected data were produced under agreement no. DE-NE0008223 [Enter Agreement No.] with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until five (Note:) The period of protection of such 5) years after the date the data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)were first produced, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice) (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data: (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-non- protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark as protected data, any data computer software first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “``protected data” '' will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 _____________ with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until five (Note:) The period of protection of such 5) years from the date the data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)were produced, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “``Protected Data” '' be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed.program (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, award or from making publicly available additional non-protected nonprotected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. These protected data were produced under agreement no. DE-NE0008223 DE‐NE0009047 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum), unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice) (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data: (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h)

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected dataProtected Data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement noAgreement No. DE-NE0008223 EE0002882 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)until, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For internal DOE evaluation and planning purposes under the restriction that the “Protected Data” Data be retained in confidence and not be further disclosed; or (b) To DOE staff members or authorized DOE contractors or subcontractors or other team members performing work under the Government's (insert name of ’s program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:: [ * ] 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. (a) At the end of the protected period; (b) If the data becomes become publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is are independently developed by someone who did not have access to the Protected Data and such data is are made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data: General test results and data that demonstrate progress toward meeting DOE’s technical goals to design, construct, build, and operate a demonstration- or pilot-scale integrated biorefinery employing lignocellulosic or algal feedstocks, and in certain special cases starch feedstocks, for the production of (i) liquid transportation fuels, (ii) biobased chemicals, products or co-products, or (iii) substitutes for petroleum-based feedstocks and products. These results and data will be made available to the public and included in the final project report, and in other reports and presentations, as appropriate. The parties agree that notwithstanding the following lists of types of datadata enumerated above, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected nonprotected data, nor does the following list preceding enumerated data constitute any admission by the Government that technical data not on the list is so enumerated are Protected Data. (Note: It is expected that this paragraph will specify certain The general data described above shall not include the following types of mutually agreed upon data that will be available data, which Recipient intends, without limitation, to the public claim and will not be asserted by the recipient/contractor xxxx as limited rights or protected data).Protected Data: (5a) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h)Process Flow Diagrams b) Mass & Energy Balances

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” '' will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 EE0005501 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until up to three (Note:) The period of protection of such data 3) years from the date Protected Data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)produced, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice) (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” '' be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a partprogram, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosedVehicle Technologies. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected nonprotected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types - High level vehicle test data, including performance, cost of mutually agreed upon data that will be available to the public ownership, and will not be asserted by the recipient/contractor as limited rights or protected fuel economy - High level component test data)., including performance and degradation (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 EE0002023 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until five (Note:) The period of protection of such 5) years from date the data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)was generated, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed.’s Vehicle Technologies program (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected nonprotected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's ’s sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark mxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Noticenotice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 EE0002532 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until five (Note:) The period of protection of such 5) years from date that the data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)generated, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed.Vehicle Technology’s Program (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If if the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected nonprotected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's ’s sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. ​ Protected Rights Notice These protected data were produced under agreement no. DE-NE0008223 ____ with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum), unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. ​ (End of notice)) ​ (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes:: ​ (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's ’s (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed.. ​ (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:: ​ (a) At the end of the protected period;; ​ (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h)​ ​ ​ ​ ​

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if If developed at private expense. Any such claimed “protected dataProtected Data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement noAgreement No. DE-NE0008223 XX0000000 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum)until, unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in In whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For Internal DOE evaluation and planning purposes under the restriction that the “Protected Data” Data be retained in confidence and not be further disclosed; or (b) To DOE staff members or authorized DOE contractors or subcontractors or other team members performing work under the Government's (insert name of ’s program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data: (a) At the end of the protected period; (b) If if the data becomes become publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If if the same data is are independently developed by someone who did not have access to the Protected Data and such data is are made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data: General test results and data that demonstrate progress toward meeting DOE’s technical goals to design, construct, build, and operate a demonstration- or pilot-scale integrated biorefinery employing lignocellulosic or algal feedstocks, and In certain special cases starch feedstocks, for the production of (i) liquid transportation fuels, (ii) biobased chemicals, products or co-products, or (iii) substitutes for petroleum-based feedstocks and products. These results and data will be made available to the public and included in the final project report, and in other reports and presentations, as appropriate. The parties agree that notwithstanding the following lists of types of datadata enumerated above, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected nonprotected data, nor does the following list preceding enumerated data constitute any admission by the Government that technical data not on the list is so enumerated are Protected Data. (Note: It is expected that this paragraph will specify certain The general data described above shall not include the following types of mutually agreed upon data, which Recipient intends, without (imitation, to claim and xxxx as Protected Data: a) Process Flow Diagrams b) Mass & Energy Balances c) Process Performance Parameters and Costs by Unit Operation, including the quality of the data that will used for those performance parameters, (e.g., scale, replication, degree of integration, range of values, etc.) d) Capital Cost Estimate and Basis thereof: e.g. factored, vendor quotes, actual purchase prices, etc. e) Pro Forma with best reproducible results to date with all assumptions listed and the basis/rationale behind all pro forma input parameters explained, including but not necessarily limited to: i Production cost parameters: e.g. consumables, utilities, labor, etc. iii Waste disposal requirements and costs f) Any additional financial and technical project information necessary and sufficient to validate the current and actual conversion costs associated with the facility or system as constructed and projected to be available operated for converting lignocellulosic or algal feedstocks, and in certain special cases starch feedstocks, into (i) liquid transportation fuels, or (ii) biobased chemicals, products or co-products, or (iii) substitutes for petroleum-based feedstocks and products. g) Technical results based on data collected, to enable the public analysis, assessment and will evaluation of other areas of interest, including but not be asserted by the recipient/contractor as necessarily limited rights or protected data)to life cycle assessments, green house gas emissions, and sustainability metrics. (5) The Government's ’s sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h) Protection of Limited Rights Data (1) When data other than that listed in subparagraphs (b)(1)(i), (ii), and OM 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-XX0000000 (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: (3) Use (except for manufacture) by Federal support services contractors within the scope of their contracts; (4) 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; (5) These “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; (6) 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 (7) 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.

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark mxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. Protected Rights Notice These protected data were produced under agreement no. DE-NE0008223 ____ with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum), unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice) (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's ’s (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data: (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's ’s sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (( Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum), unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's ’s (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h)

Rights to Protected Data. (1) The Recipient may, with the concurrence of DOE, claim and mark xxxx as protected data, any data first produced in the performance of this award that would have been treated as a trade secret if developed at private expense. Any such claimed “protected data” will be clearly marked with the following Protected Rights Notice, and will be treated in accordance with such Notice, subject to the provisions of paragraphs (e) and (f) of this clause. PROTECTED RIGHTS NOTICE These protected data were produced under agreement no. DE-NE0008223 with the U.S. Department of Energy and may not be published, disseminated, or disclosed to others outside the Government until (Note:) The period of protection of such data is fully negotiable, but cannot exceed the applicable statutorily authorized maximum), unless express written authorization is obtained from the recipient. Upon expiration of the period of protection set forth in this Notice, the Government shall have unlimited rights in this data. This Notice shall be marked on any reproduction of this data, in whole or in part. (End of notice). (2) Any such marked Protected Data may be disclosed under obligations of confidentiality for the following purposes: (a) For evaluation purposes under the restriction that the “Protected Data” be retained in confidence and not be further disclosed; or (b) To subcontractors or other team members performing work under the Government's (insert name of program or other applicable activity) program of which this award is a part, for information or use in connection with the work performed under their activity, and under the restriction that the Protected Data be retained in confidence and not be further disclosed’s Small Modular Reactor Licensing Technical Support Program. (3) The obligations of confidentiality and restrictions on publication and dissemination shall end for any Protected Data:. (a) At the end of the protected period; (b) If the data becomes publicly known or available from other sources without a breach of the obligation of confidentiality with respect to the Protected Data; (c) If the same data is independently developed by someone who did not have access to the Protected Data and such data is made available without obligations of confidentiality; or (d) If the Recipient disseminates or authorizes another to disseminate such data without obligations of confidentiality. (4) However, the Recipient agrees that the following types of data are not considered to be protected and shall be provided to the Government when required by this award without any claim that the data are Protected Data. None The parties agree that notwithstanding the following lists of types of data, nothing precludes the Government from seeking delivery of additional data in accordance with this award, or from making publicly available additional non-protected data, nor does the following list constitute any admission by the Government that technical data not on the list is Protected Data. (Note: It is expected that this paragraph will specify certain types of mutually agreed upon data that will be available to the public and will not be asserted by the recipient/contractor as limited rights or protected data). (5) The Government's ’s sole obligation with respect to any protected data shall be as set forth in this paragraph (g). (h).