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Contract No.
C-300-65 (Neg.)

of the execution of the release;
and PROVIDED FURTHER that the
Contractor gives notice of such
claims in writing to the Con-
tracting Officer not more than
six (6) years after the date of
the release or the date of any
notice to the Contractor that
the Government is prepared to
make final payment, whichever
is earlier; and

(C) claims for reimbursement of costs
(other than expenses of the Con-
tractor by reason of any indemni-
fication of the Government against
patent liability), including reason-
able expenses incidental thereto,
incurred by the Contractor under
the provisions of this contract
relating to patents.

(g) Any cost incurred by the Contractor under the terms of this
contract which would constitute allowable cost under the
provisions of this clause shall be included in determining
the amount payable under this contract, notwithstanding any
provisions contained in the specifications or other documents
incorporated in this contract by reference, designating ser-
vices to be performed or materials to be furnished by the Con-
tractor at his expense or without cost to the Government.

10. C-300-65 (Neg.)

7. Prostated Overhead Rason.

(e) Notwithstanding the provisions of the clas entitled "Allowable Coas, Fixed Fee, and

able indirect costs under this contract

applying negotiated overhead rates to bazes agreed upo.
the parties, as specified below.

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10) The Contractor, as soon as possible bus ninety (90) days after the expirauion of in the Schedule, shall submit to the Cont the cognizant audit activity and the Chien, Coast and Geodetic Survey, Kashington, D. 3., a proposed fini overhead rate or rates for that period based on the Contract actual cost experience during that period, to rothen with supporting cost data. Negotiation of fat overhead 2332 by the Contractor and the Contracting 033rac shall be taken as promptly as practicable celot of the trator's proposal.

9) All curability of costs and acceptability of cost alloon :
methods shall be determined in accordance with Subpart
of Federal Procurement Regulation as in effect on the dat
of this contract.

(d) The results of each negotiation shall be set forth in a
modification to this contract, which shall specify
agreed final rates, (11) the bases to which the rates
and (111) the periods for which the rates apply.

Perding establishment of final overhead rates for any
the Contractor shall be reimbursed either at negotiated
visional rates as provided in the Schedule or at billin;
rates acceptable to the local cognizant Government audió
agency and the Chief, Finance Branch, subject to appropriase
adjustment when the final rates for that period are established.
To prevent substantial over or under payment, the provisional
or billing rates may, as the request of either party, be
revised by mutual agreement, elcher retroactively or prospect-
ively. Any such revision of negotiated provisional rates pro-
vided in the Schedule shall be set forth in a modificaton
to this contract.

(2) Any failure by the parties to agree on any final rate

ratus fer this claus...all be considered a dispon
cerning a question of his for decision by the Contracti
Officer within the meaning of the "Disputes" clause of this
contract.

Contract No.
C-300-65 (Neg.)

ARTICLE S. REPORTS:

The Contractor agrees to furnish the following progress reports which shall be delivered to the address reflected under Article 4.

(a) One by June 15, 1965, consisting of eight (8) copies.

(b) One by July 13, 1965, consisting of eight (8) copies.

(c) A draft of the final report by August 10, 1965, consisting of
twenty (20) copies.

(d) Final report by August 24, 1965 consisting of two hundred twenty five
(225) copies.

The Contractor further agrees to:

(1) Present an oral briefing if requested to do so by personnel of the
Office of Administration, Coast and Geodetic Survey, upon submission
of each of the above reports.

(2) Use offset printing for reproduction of the final report and surrender the
reproducible masters to the Coast and Geodetic Survey as Government
Property. The master copies shall be delivered with the 225 copies of
the final report.

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(a) The term "Subject Data" as used herein includes writings, sound recordings, pictorial reproductions, drawings or other graphical representations, and works of any similar nature (whether or not copyrighted) which are specified to be delivered under this contract. The term does not include financial reports, cost analyses, and other information incidental to contract administration.

(b) All Subject Data first produced in the performance of this contract shall be the sole property of the Government. The Contractor agrees not to assert any rights at common law or equity and not to establish any claim to statutory copyright in such Data. The Contractor shall not publish or reproduce such Data in whole or in part or in any manner or form, nor authorize others so to do, without the written consent of the Government until such time as the Government may have released such Data to the public.

Contract No.
C-300-65 (Neg.)

(c) The Contractor agrees to grant and does hereby grant to the Government and to its officers, agents and employees acting within the scope of their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world (1) to publish, translate, reproduce, deliver, perform, use, and dispose of, in any manner, any and all Data not first produced or composed in the performance of this contract but which is incorporated in the work furnished under this contract; and (11) to authorize others so to do.

(d) The Contractor ghall alvise the Contracting steer, at the time of delivering any copyrightable or copyrighted work furnished under this contract, or any adversely held copyrighted or copyrightable material incorporated in any such work and of any invasion of the rich of privacy therein contained.

(e) Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government under any patent.

(f) Paragraphs (c) and (d) above are not applicable to material furnished to the Contractor by the Government and incorporated in the work furnished under the contract; PROVIDED, such incorporated material is identified by the Contractor at the time of delivery of such work.

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and made a part of this contract with the following exception:

(*) Contractor's attached leston dated June 03,

On Pate 2, Paragraph 3 is deleted. Subparagraph (d)
of Article 9 has been changed as reflected hereon in
accordance with telephone conversation of June
1965 between Mr. Holcomb and Mr. Roberts, Commerce
Department.

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