Department of Energy
§ 961.11
fails to respond thereto within 60 days or fails to substantiate the proprietary nature of the markings. In either case, DOE will no- tify the Purchaser of the action taken; (c) No rights under this contract in any technical data which are not contract data. 2. Subject to the foregoing provisions of this rights in technical data clause, the Pur- chaser shall have the right to mark propri- etary data it furnishes under the contract with the following legend and no other, the terms of which shall be binding on the Gov- ernment: L IMITED R IGHTS L EGEND This ‘‘proprietary data,’’ furnished under ‘‘Contract No. ll ’’ with the U.S. Depart- ment of Energy may be duplicated and used by the Government with the express limita- tions that the ‘‘proprietary data’’ may not be disclosed outside the Government or be used for purposes of manufacture without prior permission of the Purchaser, except that fur- ther disclosure or use may be made solely for the following purposes: (a) This ‘‘proprietary data’’ may be dis- closed for evaluation purposes under the re- striction that the ‘‘proprietary data’’ be re- tained in confidence and not be further dis- closed; (b) This ‘‘proprietary data’’ may be dis- closed to contractors participating in the Government’s program of which this con- tract is a part, for information or use in con- nection with the work performed under their contracts and under the restriction that the ‘‘proprietary data’’ be retained in confidence and not be further disclosed; or (c) This ‘‘proprietary data’’ may be used by the Government or others on its behalf for emergency work under the restriction that the ‘‘proprietary data’’ be retained in con- fidence and not be further disclosed. This legend shall be marked on any reproduction of this data in whole or in part. 3. In the event that proprietary data of a third party, with respect to which the Pur- chaser is subject to restrictions on use or disclosure, is furnished with the Limited Rights Legend above, Purchaser shall secure the agreement of such third party to the rights of the Government as set forth in the Limited Rights Legend. DOE shall upon re- quest furnish the names of those contractors to which proprietary data has been disclosed. A RTICLE XXII—E NTIRE C ONTRACT A. This contract, which consists of Articles I through XXII and appendices A through G, annexed hereto and made a part hereof, con- tains the entire agreement between the par- ties with respect to the subject matter here- of. Any representation, promise, or condition not incorporated in this contract shall not be binding on either party. No course of deal- ing or usage of trade or course of perform-
ance shall be relevant to explain or supple- ment any provision contained in this con- tract. B. Nothing in this contract is intended to affect in any way the contractual obligation of any other persons with whom the Pur- chaser may have contracted with respect to assuming some or all disposal costs or to ac- cept title to SNF and/or HLW. C. Appendices A. Nuclear Power Reactor(s) or Other Facili- ties Covered B. Discharge Information (Ten Year; Annual) C. Delivery Commitment Schedule In witness whereof, the parties hereto have executed this contract as of the day and year first above written. United States of America United States Department of Energy By: lllllllllllllllllllll (Contracting Officer) Witnesses as to Execution on Behalf of Pur- chaser (Name) lllllllllllllllllll (Address) llllllllllllllllll (Name) lllllllllllllllllll (Address) llllllllllllllllll (Purchaser’s Company Name) By: lllllllllllllllllllll Title: llllllllllllllllllll I, ( Name ), certify that I am the ( Title ) of the corporation named as Purchaser herein; that ( Name ) who signed this document on be- half of the Purchaser was then ( Title ) of said corporation; that said document was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. In Witness Whereof, I have hereunto af- fixed my hand and the seal of said corpora- tion this ll day of ll , 1983 (Corporate Seal) (Signature) lllllllllllllllll A PPENDIX A Nuclear Power Reactor(s) or Other Facilities Covered Purchaser llllllllllllllllll Contract Number/Date ll / ll lllllll Reactor/Facility Name lllllllllll Location: Street llllllllllllllllllll City lllllllllllllllllllll County/State llll / llllllllllll Zip Code lllllllllllllllllll Capacity (MWE) l Gross lllllllllll Reactor Type: BWR b PWR b D. Final Delivery Schedule E. General Specifications F. Detailed Description of Purchaser’s Fuel G. Standard Remittance Advice For Pay- ment of Fees
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