Common use of Preference for American Industry Clause in Contracts

Preference for American Industry. Notwithstanding any other provision of this article, the PERFORMER agrees that it shall not grant to any person the exclusive right to use or sell any Subject Invention in the United States 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. However, in individual cases, the requirements for such an agreement may be waived by USSOCOM upon a showing by the PERFORMER 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. March-in Rights The PERFORMER agrees that, with respect to any Subject Invention in which it has retained title, DoD has the right to require the PERFORMER, an assignee, or exclusive licensee of a Subject Invention to grant a non-exclusive license to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the PERFORMER, assignee, or exclusive licensee refuses such a request, DoD has the right to grant such a license itself if DoD determines that: Such action is necessary because the PERFORMER or assignee has not taken effective steps, consistent with the intent of this Agreement, to achieve practical application of the Subject Invention; Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the PERFORMER, assignee, or their licensees; Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the PERFORMER, assignee, or licensees; or Such action is necessary because the agreement required by paragraph (H) of this Article has not been obtained or waived or because a licensee of the exclusive right to use or sell any Subject Invention in the United States is in breach of such Agreement.

Preference for American Industry. Notwithstanding any other provision of this article, the PERFORMER agrees that it shall not grant to any person the exclusive right to use or sell any Subject Invention in the United States 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. However, in individual cases, the requirements for such an agreement may be waived by USSOCOM XXXXXXX upon a showing by the PERFORMER 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. March-in Rights The PERFORMER agrees that, with respect to any Subject Invention in which it has retained title, DoD has the right to require the PERFORMER, an assignee, or exclusive licensee of a Subject Invention to grant a non-exclusive license to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the PERFORMER, assignee, or exclusive licensee refuses such a request, DoD has the right to grant such a license itself if DoD determines that: Such action is necessary because the PERFORMER or assignee has not taken effective steps, consistent with the intent of this Agreement, to achieve practical application of the Subject Invention; Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the PERFORMER, assignee, or their licensees; Such action is necessary to meet requirements for public use and such requirements are not reasonably satisfied by the PERFORMER, assignee, or licensees; or Such action is necessary because the agreement required by paragraph (H) of this Article has not been obtained or waived or because a licensee of the exclusive right to use or sell any Subject Invention in the United States is in breach of such Agreement.