Common use of Unauthorized marking of data Clause in Contracts

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, HTFC may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings: (i) HTFC will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by HTFC for good cause shown), HTFC shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions; (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, HTFC will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If HTFC determines that the markings are authorized, the Contractor will be so notified in writing. If HTFC determines, with concurrence of the head of the contracting activity, that the markings are not authorized, HTFC will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of HTFC's decision. HTFC will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by HTFC's determination becoming final (in which instance HTFC will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent HTFC's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of HTFC removing or ignoring authorized markings on data delivered under this contract.

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, HTFC may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings: (i) HTFC will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by HTFC for good cause shown), HTFC shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions; (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, HTFC will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If HTFC determines that the markings are authorized, the Contractor will be so notified in writing. If HTFC determines, with concurrence of the head of the contracting activity, that the markings are not authorized, HTFC will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of HTFC's decision. HTFC will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by HTFC's determination becoming final (in which instance HTFC will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent HTFC's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of HTFC removing or ignoring authorized markings on data delivered under this contract. (f) Omitted or incorrect markings. (1) Data delivered to HTFC without any restrictive markings shall be deemed to have been furnished with unlimited rights. HTFC is not liable for the disclosure, use, or reproduction of such data. (2) If the unmarked data has not been disclosed without restriction outside HTFC, the Contractor may request, within 6 months (or a longer time approved by HTFC in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. HTFC may agree to do so if the Contractor: (i) Identifies the data to which the omitted notice is to be applied; (ii) Demonstrates that the omission of the notice was inadvertent; (iii) Establishes that the proposed notice is authorized; and (iv) Acknowledges that HTFC has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice. (3) If data has been marked with an incorrect notice, HTFC may: (i) Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or (ii) Correct any incorrect notices.

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract agreement concerning inspection or acceptance, if any data delivered under this contract agreement are marked with the notices specified in paragraph (g)(3g)(2) or (gg)(3) (4) if included in of this clause, clause and use of the notices such is not authorized by this clause, or if the such data bears any other restrictive or limiting markings not authorized by this contractagreement, HTFC the Contracting Officer may at any time either return the data to the Contractor, Recipient or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings: . (i) HTFC will The Contracting Officer shall make written inquiry to the Contractor Recipient affording the Contractor 60 Recipient 30 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; ; (ii) If the Contractor Recipient fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 6030-day period (or a longer time not exceeding 90 days approved in writing by HTFC the Contracting Officer for good cause shown), HTFC the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions; . (iii) If the Contractor Recipient provides written justification to substantiate the propriety of the markings within the period set in paragraph subdivision (e)(1)(i) of this clause, HTFC will the Contracting Officer shall consider such written justification and determine whether or not the markings are to be cancelled or ignored. If HTFC the Contracting Officer determines that the markings are authorized, the Contractor will Recipient shall be so notified in writing. If HTFC the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, HTFC will the Contracting Officer shall furnish the Contractor Recipient a written determination, which determination will shall become the final agency decision regarding the appropriateness of the markings unless the Contractor Recipient files suit in a court of competent jurisdiction within 90 days of receipt of HTFCthe Contracting Officer's decision. HTFC will The Government shall continue to abide by the markings under this paragraph subdivision (e)(1)(iii) until final resolution of the matter either by HTFCthe Contracting Officer's determination becoming become final (in which instance HTFC will the Government shall thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent HTFC's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of HTFC removing or ignoring authorized markings on data delivered under this contract.

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) of this clause (if those alternate paragraphs are included in this clause), and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, HTFC the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d253 d, the following procedures shall apply prior to canceling or ignoring the markings: . (i) HTFC The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; ; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by HTFC the Contracting Officer for good cause shown), HTFC the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions; . (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, HTFC the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If HTFC the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If HTFC the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, HTFC the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency Agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of HTFCthe Contracting Officer's decision. HTFC The Government will continue to abide by the markings under this paragraph (e)(1)(iiiparagraph(e)(1)(iii) until final resolution of the matter either by HTFCthe Contracting Officer's determination becoming final (in which instance HTFC the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency Agency regulations implementing the Freedom of Information Act (( 5 U.S.C. 552552 ) if necessary to respond to a request thereunderthere under. (3) Except to the extent HTFCthe Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of HTFC removing or ignoring authorized markings on data delivered under this contract.paragraph

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph subparagraphs (g)(2) or (g)(3) or (g) (4) if included in this clause, below and use of the notices such is not authorized by this clause, or if the such data bears any other restrictive or limiting markings not authorized by this contract, HTFC the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings: . (i) HTFC will The Contracting Officer shall make written inquiry to the Contractor contractor affording the Contractor 60 30 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; ; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 6030-day period (or a longer time not exceeding 90 days approved in writing by HTFC the Contracting Officer for good cause shown), HTFC the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no not longer be made subject to any disclosure prohibitions; . (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph subdivision (e)(1)(ii) of this clauseabove, HTFC will the Contracting Officer shall consider such written justification and determine whether or not the markings are to be cancelled canceled or ignoredignore. If HTFC the Contracting Officer determines that the markings are authorized, the Contractor will shall be so notified in writing. If HTFC the Contracting Officer determines, with concurrence of the head Head of the contracting activityContracting Activity, that the markings are not authorized, HTFC will the Contracting Officer shall furnish the Contractor a written determination, which determination will shall become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of HTFC's the Contracting Officers decision. HTFC will The Government shall continue to abide by the markings under this paragraph subdivision (e)(1)(iiiiii) until final resolution of the matter either by HTFC's the Contracting Officers determination becoming final (in which instance HTFC will the Government shall thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph subparagraph (e)(11) of this clause above may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) This paragraph (e) does not apply if this contract is for a major system or for support of a major system by a civilian agency other than NASA and the U.S. Coast Guard subject to the provisions of Title III of the Federal Property and Administrative Services Act of 1949. (4) Except to the extent HTFCthe Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by this paragraph (e) of the clause from bringing a claimclaim under the Contract Disputes Act, in accordance with including pursuant to the Disputes clause of this contract, as applicable, that may arise as the result of HTFC the Government removing or ignoring authorized markings on data delivered under this contract.

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (gg)(4) (4) if included in of this clause, clause and use of the notices is not authorized by this clause, or if the such data bears any other restrictive or limiting markings not authorized by this contract, HTFC the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings: . (i) HTFC The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; ; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by HTFC the Contracting Officer for good cause shown), HTFC the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions; . (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph subdivision (e)(1)(i) of this clause, HTFC the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled canceled or ignored. If HTFC the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If HTFC the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, HTFC the Contracting Officer will furnish the Contractor a written determination, which determination will shall become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of HTFC's the Contracting Officer’s decision. HTFC will The Government shall continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by HTFC's the Contracting Officer’s determination becoming final (in which instance HTFC the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph subparagraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent HTFC's the Government’s action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of HTFC removing or ignoring authorized markings on data delivered under this contract.paragraph

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract agreement concerning inspection or acceptance, if any data delivered under this contract are marked with the agreement bears any restrictive or limiting markings or notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clauseagreement, or if the data bears any other restrictive or limiting markings not authorized by this contract, HTFC Contracting Officer may at any time either return the data to the Contractor, Recipient or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings: . (i) HTFC will The Contracting Officer shall make written inquiry to the Contractor Recipient affording the Contractor 60 Recipient 30 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; ; (ii) If the Contractor Recipient fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 6030-day period (or a longer time approved not exceeding 90 days approval in writing by HTFC the Contracting Officer for good cause shown), HTFC the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions; . (iii) If the Contractor Recipient provides written justification to substantiate the propriety of the markings within the period set in paragraph subdivision (e)(1)(i) of this clause, HTFC will the Contracting Officer shall consider such written justification and determine whether or not the markings are to be cancelled or ignored. If HTFC the Contracting Officer determines that the markings are authorized, the Contractor will Recipient shall be so notified in writing. If HTFC the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, HTFC will the Contracting Officer shall furnish the Contractor Recipient a written determination, which determination will shall become the final agency decision regarding the appropriateness of the markings unless the Contractor Recipient files suit in a court of competent jurisdiction within 90 days of receipt of HTFC's decision. HTFC will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by HTFC's determination becoming final (in which instance HTFC will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent HTFC's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of HTFC removing or ignoring authorized markings on data delivered under this contract.Contracting

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph subparagraph (g)(2) or (g)(3) or (g) (4) if included in of this clause, clause and use of the notices such is not authorized by this clause, or if the such data bears any other restrictive or limiting markings not authorized by this contract, HTFC the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings: . (i) HTFC will The Contracting Officer shall make written inquiry to the Contractor affording the Contractor 60 30 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; ; (ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 6030-day period (or a longer time not exceeding 90 days approved in writing by HTFC the Contracting Officer for good cause shown), HTFC the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions; . (iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph subdivision (e)(1)(i) of this clause, HTFC will the Contracting Officer shall consider such written justification and determine whether or not the markings are to be cancelled canceled or ignored. If HTFC the Contracting Officer determines that the markings are authorized, the Contractor will shall be so notified in writing. If HTFC the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, HTFC will the Contracting Officer shall furnish the Contractor a written determination, which determination will shall become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of HTFC's the Contracting Officer’s decision. HTFC will The Government shall continue to abide by the markings under this paragraph subdivision (e)(1)(iii) until final resolution of the matter either by HTFC's the Contracting Officer’s determination becoming final (in which instance HTFC will the Government shall thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph subparagraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) This paragraph (e) does not apply if this contract is for a major system or for support of a major system by a civilian agency other than NASA and the U.S. Coast Guard agency subject to the provisions of Title III of the Federal Property and Administrative Services Act of 1949. (4) Except to the extent HTFC's the Government’s action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by this paragraph (e) of the clause from bringing a claimclaim under the Contract Disputes Act, in accordance with including pursuant to the Disputes clause of this contract, as applicable, that may arise as the result of HTFC the Government removing or ignoring authorized markings on data delivered under this contract.

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract agreement concerning inspection or acceptance, if any data delivered under this contract agreement are marked with the notices specified in paragraph subparagraph (g)(2) or (g)(3) or (g) (4) if included in of this clause, clause and use of the notices such is not authorized by this clause, or if the such data bears any other restrictive or limiting markings not authorized by this contractagreement, HTFC the Contracting Officer may at any time either return the data to the Contractor, Recipient or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings: . (i) HTFC will The Contracting Officer shall make written inquiry to the Contractor Recipient affording the Contractor 60 Recipient 30 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; ; (ii) If the Contractor Recipient fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 6030-day period (or a longer time not exceeding 90 days approved in writing by HTFC the Contracting Officer for good cause shown), HTFC the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions; . (iii) If the Contractor Recipient provides written justification to substantiate the propriety of the markings within the period set in paragraph subdivision (e)(1)(i) of this clause, HTFC will the Contracting Officer shall consider such written justification and determine whether or not the markings are to be cancelled or ignored. If HTFC the Contracting Officer determines that the markings are authorized, the Contractor will Recipient shall be so notified in writing. If HTFC the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, HTFC will the Contracting Officer shall furnish the Contractor Recipient a written determination, which determination will shall become the final agency decision regarding the appropriateness of the markings unless the Contractor Recipient files suit in a court of competent jurisdiction within 90 days of receipt of HTFC's the Contracting Officer’s decision. HTFC will The Government shall continue to abide by the markings under this paragraph subdivision (e)(1)(iii) until final resolution of the matter either by HTFC's the Contracting Officer’s determination becoming become final (in which instance HTFC will the Government shall thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph subparagraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent HTFC's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of HTFC removing or ignoring authorized markings on data delivered under this contract.

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract subcontract concerning inspection or acceptance, if any data delivered under this contract subcontract are marked with the notices specified in paragraph subparagraphs (g)(2) or (g)(3) or (g) (4) if included in of this clause, clause and use of the notices such is not authorized by this clause, or if the such data bears any other restrictive or limiting markings not authorized by this contractsubcontract, HTFC the Company may at any time either return the data to the ContractorSeller, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings: . (i) HTFC will The Company shall make written inquiry to the Contractor Seller affording the Contractor 60 Seller 30 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; ; (ii) If the Contractor Seller fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 6030-day period (or a longer time not exceeding 90 days approved in writing by HTFC the Company for good cause shown), HTFC the Company shall have the right to Exhibit 9 – Technical Data – ITER UT-B Contracts Div March 2007 PPPL Section J 14 Appendix N cover page (4) Modification No: 0304 Contract No.: DE-AC02-09CH11466 Section J - Appendix N cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions; . (iii) If the Contractor Seller provides written justification to substantiate the propriety of the markings within the period set in paragraph subdivision (e)(1)(i) of this clause, HTFC will the Company shall consider such written justification and determine whether or not the markings are to be cancelled canceled or ignored. If HTFC the Company determines that the markings are authorized, the Contractor will Seller shall be so notified in writing. If HTFC determines, with concurrence of the head of the contracting activity, Company determines that the markings are not authorized, HTFC will the Company shall furnish the Contractor Seller a written determination, which determination will shall become the final agency decision regarding the appropriateness of the markings unless the Contractor Seller files suit in a court of competent jurisdiction within 90 days of receipt of HTFCthe Company's decision. HTFC will The Company shall continue to abide by the markings under this paragraph subdivision (e)(1)(iii) until final resolution of the matter either by HTFCthe Company's determination becoming final (in which instance HTFC will the Company shall thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph subparagraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunder. (3) Except to the extent HTFC's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by This paragraph (e) does not apply if this subcontract is for a major system or for support of a major system by a civilian agency other than NASA and the U.S. Coast Guard subject to the provisions of Title III of the clause from bringing a claim, in accordance with the Disputes clause Federal Property and Administrative Services Act of this contract, that may arise as the result of HTFC removing or ignoring authorized markings on data delivered under this contract1949.

Unauthorized marking of data. (1) Notwithstanding any other provisions of this contract agreement concerning inspection or acceptance, if any data delivered under this contract are marked with the agreement bears any restrictive or limiting markings or notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clauseagreement, or if the data bears any other restrictive or limiting markings not authorized by this contract, HTFC Contracting Officer may at any time either return the data to the Contractor, Recipient or cancel or ignore the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to canceling or ignoring the markings: . (i) HTFC will The Contracting Officer shall make written inquiry to the Contractor Recipient affording the Contractor 60 Recipient 30 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; ; (ii) If the Contractor Recipient fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 6030-day period (or a longer time not exceeding 90 days approved in writing by HTFC the Contracting Officer for good cause shown), HTFC the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions; . (iii) If the Contractor Recipient provides written justification to substantiate the propriety of the markings within the period set in paragraph subdivision (e)(1)(i) of this clause, HTFC will the Contracting Officer shall consider such written justification and determine whether or not the markings are to be cancelled or ignored. If HTFC the Contracting Officer determines that the markings are authorized, the Contractor will Recipient shall be so notified in writing. If HTFC the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, HTFC will the Contracting Officer shall furnish the Contractor Recipient a written determination, which determination will shall become the final agency decision regarding the appropriateness of the markings unless the Contractor Recipient files suit in a court of competent jurisdiction within 90 days of receipt of HTFC's the Contracting Officer’s decision. HTFC will The Government shall continue to abide by the markings under this paragraph subdivision (e)(1)(iii) until final resolution of the matter either by HTFC's the Contracting Officer’s determination becoming become final (in which instance HTFC will the Government shall thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made [ * ] 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. subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed. (2) The time limits in the procedures set forth in paragraph subparagraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C. 552) if necessary to respond to a request thereunderthere under. (3) Except to the extent HTFC's action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of HTFC removing or ignoring authorized markings on data delivered under this contract.