ARLICLE 47.
NOTICE ARD ASSISTANCE REGARDING PATENT AND COPYRICHT
INFRINGEMENT
The provisions of this clause shall be applicable only if the emount of this
Subcontract exceeds $10,000.
a.
,
The subcontractor shall report to the Contracting Officer, promptly and
in reasonable written detail, each notice or claim of patent or copyright
infringement based on the performance of this subcontract of which the
subcontractor has knowledge.
b.
In the event of any claim or suit against the Government on account of
any alleged patent or copyright infringement arising out of the performan:
of this subcontract or out of che use of any supplies Furnished or work
Or services performed hereunder, the subcontractor shall furnish to the
Government when requested by the Contracting Officer, all evidence and
information in possession of the subcontractor pertaining to such suit or
claim.
Such evidence and information, shall be Furnished at the expense
of the Government except where the subcontractor has agreed to indemnify
the Government.
:
c.
‘This clause shall be included in all lower-tier subcontracts hereunder.
ARTICLE 48-
=REPORTING OF ROYALTIES
If this subcontract is in an amount which exceeds $10,000 and if any royalty
payments are directly involved in the subcontract or are reflected in the
contract price to the Covernment,
the subcontractor agrees to report in writing
to the Contractor during the performance of this subcontract and prior to its
completion or Final settlement the amount of any royalties or other payments
paid or to be paid by it directly to othars in connection with the performence
of this subcontract, together with the names and addresses of licensors to
whom such payments are made and either the pacent numbers involved ox such
other information as will permit identification of che patents or other basis
on which the royalties are to be paid.
The approval of the ERDA of any indi-
vidual payments or royalties shall not stop
the Government at any tice
from
contesting the enforceability, validity, or scope of, or title to, any patent
under which a royalty Or payments are nade.
ARTICLE 49.
AUTHORIZATION AND CONSENT
The Covernment has given its authorization and consent (without prejudice to
any rights of indemnification) for all use and manufacture, in the performance
of this subcontract or any part hereof or any amendment hereto or any lovertier subcontract hereunder of any invention described in and covered by a
patent of the United States (i) embodied in Che structure or composition of
any article the delivery of which is accepted by or on behalf of the Government
under this subcontract or (ii) utilized in the machinery, tools, or methods
the use of which necessarily results from compliance by the subcontractor or
the using Lower-tier subcontractor with (a) specifications or written provisions
now or hereafter forming a part of this subcontract, or (b) specific writcen
instructions piven by or on behalf of the Contracting Officer directing the
manner of performance.
The
entire liabilicy
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90086494
co
the Covernment
for infrinugpemence