Page:United States Statutes at Large Volume 60 Part 2.djvu/405

 60 STAT.] UNITED KINGDOM-PENICILLIN--JAN. 25, 1946 (d) Inspections. The Contracting Officer or his authorized repre- sentatives may inspect the subject work and records thereon at all reasonable times. (e) Subcontracts. The Contractor shall not enter into subcontracts involving research or development in connection with the subject work without obtaining the written approval of the Contracting Officer as to the substance and form thereof. The Contractor shall refer each prospective subcontract which might involve such research and devel- opment to the Contracting Officer or an authorized representative, who shall determine whether or not such research and development is involved. (f) Exchange of Information. The Contracting Officer or his au- thorized representative shall from time to time with the utmost dis- patch disclose to the Contractor information theretofore disclosed to the Government concerning the progress of similar studies and ex- perimental investigations made by or on behalf of (i) other Govern- ment contractors, (ii) Government agencies, and (iii) other Gov- ernments. The Contracting Officer or an authorized representative is hereby authorized to disclose the progress of the subject work here- under to such other Government contractors, Government agencies and the Governments of countries the defense of which the Presi- dent deems vital to the defense of the United States under the terms of the Act of March 11, 1941, as amended (hereinafter called "Lend- Lease Governments"); Provided, That, prior to making any such dis- closures to such other Government contractors and Government agen- cies, the Government shall enter into agreements with them con- taining provisions substantially similar to those herein, and, prior to making any such disclosures to Lend-Lease Government, the Gov- ernment shall obtain assurances therefrom to the effect that such in- formation will not be further disclosed by such Lend-Lease Govern- ment prior to entering into an agreement with each recipient of such information to govern such disclosure containing provisions sub- stantially similar to the provisions of Article 3 (b) hereof. AIrICLE 3. Patent Provisions. (a) The Contracting Officer shall have the right to require the Contractor to grant, subject to the pay- ment of royalties at reasonable rates to be determined by the Con- tractor but not in excess of five per cent (5%) of the lowest net whole- sale price of penicillin or a therapeutic equivalent charged by the licensee, to persons, corporations or other organizations designated by the Contracting Officer, non-exclusive licenses to make, have made, use, sell or otherwise dispose of, material, substances, articles, or ap- paratus, and to use processes, embodying the subject matter of any or all United States and foreign patents or applications for patents owned or controlled by the Contractor covering patentable discov- eries or inventions heretofore or hereafter made and concerned with or resulting from the subject work and not attributable in any way to information disclosed hereunder to the Contractor. The Contractor hereby grants to the Government a non-exclusive, irrevocable, royalty- free license, to make, have made, and use, for military, naval, and 1493 55 Stat. 31. 22U. S.C ., upp. V i411-419. Royalty rea.

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