Common use of Governmental Rights Clause in Contracts

Governmental Rights. The parties understand that the Licensed Subject Matter may have been developed under a funding agreement with the U.S. DOE and, if so, that the U.S. DOE may have certain rights relative thereto under 35 U.S.C. Sections 201-207 and regulations thereunder, including without limitation (i) Department of Energy nonexclusive, nontransferable, irrevocable, paid-up, worldwide licenses to practice or have practiced, for or on behalf of the U.S. Government, the Licensed Subject Matter; (ii) certain march-in rights in accordance with 48 CFR 27.304-1(g), and (iii) the provisions of 35 U.S.C. 204, which requires exclusive licensees to manufacture substantially in the United States products embodying Licensed Products that such licensee produces for sale in the United States. The Regents and LBL represent and warrant that they (i) have complied and agree to continue to comply during the term of this Agreement with all laws and regulations applicable to such U.S. DOE funding agreement and (ii) have done and will continue to do all acts necessary or convenient for the protection of The Regent's rights to retain ownership of all inventions within the Licensed Subject Matter, including disclosing subject inventions to the U.S. DOE and electing to retain title in subject inventions.

Governmental Rights. The parties understand that the Licensed Subject Matter may have been developed under a funding agreement with the U.S. DOE and, if so, that the U.S. DOE may have certain rights relative thereto under 35 U.S.C. Sections 201-207 and regulations thereunder, including without limitation (i) Department of Energy nonexclusive, nontransferable, irrevocable, paid-up, worldwide licenses to practice or have practiced, for or on behalf of the U.S. Government, the Licensed Subject Matter; (ii) certain march-in rights in accordance with 48 CFR 27.304-1(g), and (iii) the provisions of 35 U.S.C. 204, which requires exclusive licensees to manufacture substantially in the United States products embodying Licensed Products that such licensee produces for sale in the United States. The Regents and LBL represent and warrant that they (i) have complied and agree to continue to comply during the term of this Agreement with all laws and regulations applicable to such U.S. DOE funding agreement and (ii) have done and will continue to do all acts necessary or convenient for the protection of The Regent's ’s rights to retain ownership of all inventions within the Licensed Subject Matter, including disclosing subject inventions to the U.S. DOE and electing to retain title in subject inventions.