Common use of Preference for American Industry Clause in Contracts

Preference for American Industry. Notwithstanding any other provision of this clause, the Recipient agrees that neither its organization nor any Project Participant shall grant to any person the exclusive right to use or sell any subject invention in the United States or Canada unless such person agrees that any product embodying the subject invention or produced through the use of the subject invention shall be manufactured substantially in the United States or Canada. However, in individual cases, the requirements for such an agreement may be waived by the Government upon a showing by the Inventor that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that, under the circumstances, domestic manufacture is not commercially feasible.

Appears in 6 contracts

Samples: Technology Investment Agreement, Technology Investment Agreement, Technology Investment Agreement

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Preference for American Industry. Notwithstanding any other provision of this clause, the Recipient Performer agrees that neither its organization nor any Project Participant it shall not grant to any person the exclusive right to use or sell any subject invention Subject Invention in the United States or Canada unless such person agrees that any product embodying the subject invention Subject Invention or produced through the use of the subject invention Subject Invention shall be manufactured substantially in the United States or Canada, except when such rights are in connection with a Collaborator. However, in individual cases, the requirements for such an agreement beyond what is contemplated herein may be waived by the Government DARPA upon a showing by the Inventor Performer: (1) that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States States; or (2) that, under the circumstances, domestic manufacture is not commercially feasible.

Appears in 5 contracts

Samples: Technology Investment Agreement (Amyris, Inc.), Technology Investment Agreement (Amyris, Inc.), Technology Investment Agreement (Amyris, Inc.)

Preference for American Industry. Notwithstanding any other provision of this clause, the Recipient Performer agrees that neither its organization nor any Project Participant it shall not grant to any person the exclusive right to use or sell any subject invention Subject Invention in the United States or Canada unless such person agrees that any product embodying the subject invention Subject Invention or produced through the use of the subject invention Subject Invention shall be manufactured substantially in the United States or CanadaCanada except when such such rights are in connection with a Collaborator. However, in individual cases, the requirements for such an agreement beyond what is contemplated herein may be waived by the Government DARPA upon a showing by the Inventor Performer (1) that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or (2) that, under the circumstances, domestic manufacture is not commercially feasible.

Appears in 4 contracts

Samples: Technology Investment Agreement (Amyris, Inc.), Technology Investment Agreement (Amyris, Inc.), Technology Investment Agreement (Amyris, Inc.)

Preference for American Industry. Notwithstanding any other provision of this clause, the Recipient Contractor agrees that neither its organization nor any Project Participant it shall not grant to any person the exclusive right to use or sell any subject invention in the United States or Canada unless such person agrees that any product embodying the subject invention or produced through the use of the subject invention shall be manufactured substantially in the United States or Canada. However, in individual cases, the requirements for such an agreement may be waived by the Government upon a showing by the Inventor Contractor that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that, under the circumstances, domestic manufacture is not commercially feasible.

Appears in 2 contracts

Samples: Customer Contract Requirements, www.boeingsuppliers.com

Preference for American Industry. Notwithstanding any other provision of this clauseArticle, the Recipient agrees that neither its organization nor any Project Participant no Participants shall grant to any person the exclusive right to use or sell any subject invention in the United States or Canada unless such person agrees that any product embodying the subject invention or produced through the use of the subject invention shall be manufactured substantially in the United States or Canada. However, in individual cases, the requirements for such an agreement may be waived by the Government upon a showing by the Inventor Program Participant(s) that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that, under the circumstances, domestic manufacture is not commercially feasible.

Appears in 2 contracts

Samples: www.nsrp.org, Task Order Agreement

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Preference for American Industry. Notwithstanding any other provision of this clauseArticle, the Recipient Collaboration agrees that neither its organization nor any Project no Program Participant shall grant to any person the exclusive right to use or sell any subject invention in the United States or Canada unless such person agrees that any product embodying the subject invention or produced through the use of the subject invention shall be manufactured substantially in the United States or Canada. However, in individual cases, the requirements for such an agreement may be waived by the Government upon a showing by the Inventor Program Participant that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that, under the circumstances, domestic manufacture is not commercially feasible.

Appears in 1 contract

Samples: Joint Funding Agreement

Preference for American Industry. Notwithstanding any other provision of this clause, the Recipient agrees that neither its organization nor any Project Participant it shall not grant to any person the exclusive right to use or sell any subject invention in the United States or Canada unless such person agrees that any product embodying the subject invention or produced through the use of the subject invention shall be manufactured substantially in the United States or Canada. However, in individual cases, the requirements for such an agreement may be waived by the Government AMCOM upon a showing by the Inventor Recipient that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that, under the circumstances, domestic manufacture is not commercially feasible.

Appears in 1 contract

Samples: www.boeingsuppliers.com

Preference for American Industry. Notwithstanding any other provision of this clause, the Recipient CONSORTIUM agrees that neither its organization nor any Project Participant it shall not grant to any person the exclusive right to use or sell any subject invention in the United States or Canada unless such person agrees that any product embodying the subject invention or produced through the use of the subject invention shall be manufactured substantially in the United States or Canada. However, in individual cases, the requirements for such an agreement may be waived by the Government HHS upon a showing by the Inventor CONSORTIUM that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that, under the circumstances, domestic manufacture is not commercially feasible.

Appears in 1 contract

Samples: www.phe.gov

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