RECIPIENT shall be owned by the RECIPIENT, provided ARS is granted a royalty-free, nonexclusive, irrevocable license to use the invention for U.S. Government purposes. 11. The provisions of this Agreement are to be deemed severable and the invalidity, illegality or unenforceability of one or more of such provisions shall not affect the validity, legality or enforceability of the remaining provisions. 12. Confidentiality provisions restricted to the DATA: a. The RECIPIENT shall not disclose DATA marked or “Confidential” to any third party nor use such Confidential Information for any “Proprietary” other purpose than that given above without the written permission of ARS. b. RECIPIENT shall use the same degree of care to protect Confidential Information received under this Agreement as it uses to protect its own information of a similar nature, but in any event not less than reasonable care under the circumstances. c. Confidential Information be excluded from confidentiality if the receiving Party can demonstrate that (a) it had possession of the information prior to disclosure, or (b) the information generally is available to the public at the time of disclosure, or becomes generally available, after disclosure, through no fault of RECIPIENT; or (c) RECIPIENT receives the information from a third party having the right to the information and who does not impose confidentiality obligations on the RECIPIENT. e. It shall not be a breach of this Agreement if the RECIPIENT is required to disclose the Confidential Information by a valid order of a court or other government body, or as otherwise required by law, or as necessary to establish the rights of either party under this Agreement; PROVIDED THAT the RECIPIENT shall provide prompt prior notice thereof to ARS to enable ARS to seek a protective order or otherwise prevent such disclosure, and PROVIDED FURTHER THAT the Confidential Information otherwise shall continue to be confidential. f. ARS will treat all information generated or gathered under this agreement in accordance with the Freedom of Information Act. 13. Exchange and release of data or information collected (hereinafter results) from the use of the DATA under the Statement of Work found in Appendix 1: Results will be released by the Party performing the research according to uniform procedures such that the other Party receives such results not later than other interested parties and that there is no subsequent restriction on release by either Party to this agreement.
RECIPIENT shall be owned by the RECIPIENT, provided ARS is granted a royalty-free, nonexclusive, irrevocable license to use the invention for U.S. Government purposes. 11. The provisions of this Agreement are to be deemed severable and the invalidity, illegality or unenforceability of one or more of such provisions shall not affect the validity, legality or enforceability of the remaining provisions. 12. Confidentiality provisions restricted to the DATA: a. The RECIPIENT shall not disclose DATA marked “Confidential” or “Proprietary” to any third party nor use such Confidential Information for any other purpose than that given above without the written permission of ARS. b. RECIPIENT shall use the same degree of care to protect Confidential Information received under this Agreement as it uses to protect its own information of a similar nature, but in any event not less than reasonable care under the circumstances. c. Confidential Information be excluded from confidentiality if the receiving Party can demonstrate that (a) it had possession of the information prior to disclosure, or (b) the information generally is available to the public at the time of disclosure, or becomes generally available, after disclosure, through no fault of RECIPIENT; or (c) RECIPIENT receives the information from a third party having the right to the information and who does not impose confidentiality obligations on the RECIPIENT. e. It shall not be a breach of this Agreement if the RECIPIENT is required to disclose the Confidential Information by a valid order of a court or other government body, or as otherwise required by law, or as necessary to establish the rights of either party under this Agreement; PROVIDED THAT the RECIPIENT shall provide prompt prior notice thereof to ARS to enable ARS to seek a protective order or otherwise prevent such disclosure, and PROVIDED FURTHER THAT the Confidential Information otherwise shall continue to be confidential. f. ARS will treat all information generated or gathered under this agreement in accordance with the Freedom of Information Act. 13. Exchange and release of data or information collected (hereinafter results) from the use of the DATA under the Statement of Work found in Appendix 1: Results will be released by the Party performing the research according to uniform procedures such that the other Party receives such results not later than other interested parties and that there is no subsequent restriction on release by either Party to this agreement.