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b. The Commission may terminate this contract upon its determination, and written notice thereof to the Contractor, that the Contractor is not devoting resources to the contract at least comparable to those summarized in Appendix A,

attached here to and made a part hereof.

C. The Commission may terminate this contract upon its determination, and written notice thereof to the Contractor, that the work hereunder is leading to the fabrication of an atomic weapon (including any nuclear explosive device) or a component thereof or any other activity prohibited by Section 92 of the Atomic Energy Act of 1954, as amended.

a. With respect to Contractor proprietary information, the Commission agrees that it will use its best efforts not to disseminate same to anyone other than a Commission official or employee, except as provided below.

use,

b. The Contractor grants to the Government the right to

for any Government purpose, any contractor technical information or data relating to the work covered by this contract. The Government will have the right to use and have used such information without cost for any national defense purpose; the Government will pay reasonable compensation for information to be used for

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any other Government purposes. If the Commission makes available any of the Contractor's proprietary information to any of its contractors, or uses same through any of its contractors, it will do so under contractual provisions pursuant to which that contractor would undertake to recaivę or use same only for the work under the pertinent Commission contract. Notwithstanding the foregoing provisions of this paragraph, the Contractor waives any claim against the Government for compensation or otherwise, in connection with any use or dissemination of information or data unless (i) it is specifically identified and claimed by the Contractor as proprietary in a written notice to the Commission at the time of the furnishing of the information or data to the Commission or (ii) it is disclosed in a patent application (but only until that patent issues). The acceptance, exercise, or use of the licenses or rights provided for in this article shall not prevent the Government, at any time, from contesting their validity, scope, or enforceability. In this connection, the receipt or use of any information designated in writing by the Contractor as proprietary shall not constitute an agreement by the Government that such information is proprietary.

a.

Any rights to an invention or discovery which has

been or is made or conceived by the Contractor or its employees in any existing or future work of the Contractor shall be vested in the Government to the extent that the invention or discovery is useful in the utilization of special nuclear material in atomic weapons or atomic energy in atomic weapons (including any nuclear explosive device). b. Whenever any other invention or discovery is made or conceived by the Contractor or its employees in the -course of or under this Contract, the Contractor shall promptly furnish the Commission with complete information thereon; the Commission shall have the sole power to determine security classification and where, other than in the United States, a patent application, if any, may be filed; and the Contractor agrees to furnish the Commission with a copy of any U.S. Patent Application at the time of the filing of the same in the U.S. Patent Office, and the Contractor agrecs to and does hereby grant to the Government:

1.

a non-exclusive, irrevocable, paid-up license in and to any such invention, discovery, patent application, or patent that may result, to make and use and to have made or used by or for the Government for national defense purposes; and

c.

2.

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upon request, a non-exclusive license to make and use, and have made or used by or for the Gov

ernment for any other Goverment purposes upon the payment of reasonable royalty.

In addition to the rights accorded the Government

under subparagraphs a. and b., the Contractor agrees to and

does hereby grant to the Government:

1.

a non-exclusive, irrevocable, paid-up license

in and to any inventions or discoveries relating to controlled thermonuclear reactions actually or constructively (by the filing of a patent

application) reduced to practice prior to the effective date of this Contract and owned or controlled by the Contractor, to make and use and to have made or used by or for the Government for national defense purposes, and

2. a non-exclusive license to make and use, and to have made or used, by or for the Government for any other Government purpose upon payment of reasonable royalty.

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d.

Other than for the reasonable royalty provided for in this Article, the Contractor on behalf of itself and its employees waives any and all claims against the Government for compensation, award, or otherwise under the Atomic Energy Act of 1954, as amended, the secrecy provisions of the Patent Act, Title 35 U.S. Code, or Section 1498, Title 28 U.S. Code, as respects any invention or discovery made or conceived by the Contractor or its employees prior to, or in the course of, or under this Contract relating to controlled thermonuclear

reactions.

e. The Contractor agrees, upon request therefor, to grant non-exclusive licenses to third parties to use for commercial purposes, at reasonable royalties, any U.S. Patent on any invention or discovery related to the work under this Contract made or conceived by the Contractor or its employees prior to, or in the course of, or under this Contract. In the event that the Contractor and a prospective licensee cannot agree upon a reasonable royalty, the Contractor agrees that the royalties may be fixed pursuant to the procedure set forth in Section 157c. of the Atomic Energy Act of 1954, as amended.

f. Except as otherwise authorized in writing by the Commission, the Contractor will obtain Patent Agreements to effectuate the purposes of paragraphs a., b., c., and d. of