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.

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. DE-EE0002532 2 (2) The time limits in the procedures set forth in 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.