(9) In the event of a refusal by a prospective subcontractor to accept one of the clauses specified in paragraph (l)(1) of this clause, the Contractor— (i) Shall promptly submit a written notice to the Contracting Officer setting forth the subcontractor’s reasons for the refusal and other pertinent information that may expedite disposition of the matter; and (ii) Shall not proceed with that subcontract without the written authorization of the Contracting Officer. (10) The Contractor shall provide to the Contracting Officer, upon request, the following information for any subject invention for which the Contractor has retained ownership: (i) Filing date. (ii) Serial number and title. (iii) A copy of any patent application (including an English-language version if filed in a language other than English). (iv) Patent number and issue date. (11) The Contractor shall furnish to the Government, upon request, an irrevocable power to inspect and make copies of any patent application file. (f) Reporting on utilization of subject inventions. (1) The Contractor shall— (i) Submit upon request periodic reports no more frequently than annually on the utilization of a subject invention or on efforts in obtaining utilization of the subject invention that are being made by the Contractor or its licensees or assignees; (ii) Include in the reports information regarding the status of development, date of first commercial sale or use, gross royalties received by the Contractor, and other information as the agency may reasonably specify; and (iii) Provide additional reports that the agency may request in connection with any march-in proceedings undertaken by the agency in accordance with paragraph (h) of this clause. (2) To the extent permitted by law, the agency shall not disclose the information provided under paragraph (f)(1) of this clause to persons outside the Government without the Contractor’s permission, if the data or information is considered by the Contractor or its licensee or assignee to be “privileged and confidential” (see 5 U.S.C. 552(b)(4)) and is so marked. (g) Preference for industry. Notwithstanding any other provision of this clause, the Contractor agrees that neither the Contractor nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or
(9) In the event of a refusal by a prospective subcontractor to accept one of the clauses specified in paragraph (l)(1) of this clause, the Contractor— (i) Shall promptly submit a written notice to the Contracting Officer setting forth the subcontractor’s reasons for the refusal and other pertinent information that may expedite disposition of the matter; and (ii) Shall not proceed with that subcontract without the written authorization of the Contracting Officer. (10) The Contractor shall provide to the Contracting Officer, upon request, the following information for any subject invention for which the Contractor has retained ownership: (i) Filing date. (ii) Serial number and title. (iii) A copy of any patent application (including an English-language version if filed in a language other than English). (iv) Patent number and issue date. (11) The Contractor shall furnish to the Government, upon request, an irrevocable power to inspect and make copies of any patent application file. (f) Reporting on utilization of subject inventions. (1) The Contractor shall— (i) Submit upon request periodic reports no more frequently than annually on the utilization of a subject invention or on efforts in obtaining utilization of the subject invention that are being made by the Contractor or its licensees or assignees; (ii) Include in the reports information regarding the status of development, date of first commercial sale or use, gross royalties received by the Contractor, and other information as the agency may reasonably specify; and (iii) Provide additional reports that the agency may request in connection with any march-in proceedings undertaken by the agency in accordance with paragraph (h) of this clause. (2) To the extent permitted by law, the agency shall not disclose the information provided under paragraph (f)(1) of this clause to persons outside the Government without the Contractor’s permission, if the data or information is considered by the Contractor or its licensee or assignee to be “privileged and confidential” (see 5 U.S.C. 552(b)(4)) and is so marked. (g) Preference for industry. Notwithstanding any other provision of this clause, the Contractor agrees that neither the Contractor nor any assignee shall grant to any person the exclusive right to use or sell any subject invention in the United States unless the person agrees that any products embodying the subject invention or
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