Supplemental Agreement to Contract No. at-40-1-Gen-33 Modification No. 1 Between the U S and Oak Ridge Institute of Nuclear Studies

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THIS SUPPLEMENTAL AGREEXEVT, entered into this day of June, 1948, effective as of the11th day of February, 1948, by and between the UNITED STATES OF AMERICA (here in after called the "Government") and OAK RIDGE INSTITUTE OF NUCLEAR STUDIES (here in after called the "Contractor"), an educational corporation, not for profit, organized and existing under the laws of the State of Tennessee and having its principal office in Oak Ridge, WHEREAS, the Government and the Contractor entered intoa Contract No, AT-40-1-GEN-33, dated May 24, 1948, and effective as o f March 18, 1947, for the conduct of certain educational and training programs in the field of nuclear and related sciences ; and WHEREAS, the Government desires to in sure the continued conduct of research and development activities, and to assist in the acquisition o f an ever-expanding fund of theoretical and practical knowledge, inthe utilization of radioactive materials for medical, biological and health purposes and, to that end, desires that the Contractor conduct a clinical investigative and research program in the utilization of radioactive materials for the study and treatment of diseases ; and WHEREAS, the Government desires to make available additional funds for the Contractor ' s operations under said Contract during the period ending WHEREAS, this Supplemental Agreement is authorized by, and executed pursuant to,the Atomic Energy Act o f 1946, and is in the interest of the common defense and security ; NOW, THEREFOR?3, the parties hereto mutually agree that said Cantract No, AT-40-1-GEN-33 i s hereby modified inthe following particulars 1. Add the following Paragraph (G)to Article I, captioned " (G) Arrange and conduct, i n and with facilities to be provided by the Commission, a t Oak Ridge, Tennessee, a clinical investigative and research program inthe study, and the treatment with radioactive substances or with radiation, of cancer and allied diseases and such other diseases as the Commission may, from time t o time, approve for clinical investigation and

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2. Delete the second sentence of Paragraph 2 of Article 11, captioned "Term and Estimate of Cost" and substitute therefor the following: I "Reimbursable expenditures during the period commencing March 18, 1947, and ending June 30, 1949, will not exceed One Hundred Ninety+ix Thousand, Two Hundred Dollars ($196,200.00). Said Sum includes an amount not to exceed Five Thousand Dollars (#5,000.00), representing the estimated cost, during the period ending June 30, 1948, of the clinical investigative and research program described in Paragraph ( G ) of Article I, It is understood that, subsequent to June 30, 1948, the parties will negotiate for the purpose of determining the monetary requirements for said clinical investigative and research program for the period commencing July 1, 1948, and ending June 30, 1949, and the foregoing limitation on reimbursable expenditures w i l l thereupon be 3. a. Delete the word"Exhibit" which appears in the last sentence of subparagraph 1 (b) of Article 111, captioned "COST OF THE WOW: ALLOWANCE", and substitute therefor the word "Appendix". b, Add the following new subparagraphs to Paragraph I of Article 111: "( r ) In connection with the clinical investigative and research program described in Paragraph (G) of Article I,' and in addition to expenses reimbursable under other subparagraphs of this Paragraph, #expenses incurred for the hospitalization, care, treatment and transportation of patients; preparation of bodies of deceased patients for burial; performance of autopsies; transportation of bodies of deceased patients; and such other types of expense as the Commission may approve in writing from time to time. "(s) Registration and other fees, paid by the Contractor, when required for the attendance by the Contractor's employees at professional, scientific and technical meetings and conferences when the Contractor determines that such attendance will further the prosecution of the work hereunder; provided, however, that when such registration o r other fee includes the cost of a meal or meals served in connection with such meeting or conference, the allowance in lieu of subsistence expenses provided for in subparagraph (c) above shall be reduced by the amount of $1.25 for each meal included in such registration or other feer "(t) Transportation from place of residence and return, together vrith cost o f lodging and subsistence allowance while in travel status, of prospective employees f o r those position classifications which may be agreed upon in writing by the Contractor and the Commission, to the same extent as the Contractor is reimbursed under subparagraph (c) above for travel expenses of its regular employees." 4. Delete the date "June 30, 1948" which appears on the fourth line of Paragraph 2 of Article 111, and substitute therefor the date "June 30, 1949". 5. Delete the words "from the conduct of educational facilities" which appear in the first sentence of Paragraph 2 of Article IV, captioned "REVEXW3".

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6,. Delete the semicolon after the word "Commission" inthe fifth line from the end of Article VI, captioned "RESPOXSIBILITY OF CONTRACTOR - CONTINGENCIES", and substitute there for the 7. Delete the second sentence of Paragraph 1 of Article VIII, captioned "REXORDS AND ACCOUYTS", and substitute there for the "The Contractors hall employ a system o f accounting which conforms t o good commercial accounting practice., If the Commission a t any time shall establish a uniform system o f accounting for the control of the operations of its contractors and shall request the Contragtor t o adopt such uniform system, the Contractor agrees to take whatever action is necessary to bring its system o f accounting into conformity with the Commission's uniform accounting system." Add the following new Article XXVJ: time t o time after the execution of this contract,the Government, at the request of the Contractor and subject to the approval of. the Commission as tothe need there for,shall advance tothe Contractor,without payment af interest there on by the Contractor, sums notto exceed twenty-five percent(25%)of the estimated cost of this contract,as it may be amended from time t o time. "(b) iis a condition prc ce dent to the making of any advance paTpent o r payments as here in before provided, the Contractors hall furnish the Government with such adequate security as the Commission shall prescribe ; Provided that,if other security is not prescribed,the terms of this contract b hall be considered zdequate security for such advance payments; and Provided further that, if a t any time the Commission deems the security furnished by the Contractor inadequate, the Contractor shall furnish such additional security ' ns shall be satis facto v to the Commission. "( c)Until all advance payments hereunder are liquidated, all funds received as advance paynents under this contract,to - get her with all funds received as reimbursements for the cost of the work under il rti cle I11 of this contract,shall be deposited in a special bank account o r accounts ata member lank.or banks of the Federal Reserve System o r any "insured" bank within the meaning of the Lc t creating the Federal Deposit Insurance Corporation (Act of August 23, 1935; 49 Stat. 684) a s amended (12 U.S.C. 264) separate front he Contractor ' sgen ern lor other fur?ds. Such special bank account o r accounts shall be s o designated as t o indicate clearly to the bank thc ir special character and purpose, and the balance i n such account o r accounts shall be used by the Contractor exclusively as a revolving fund for carrying out the purposes of this contract and any amendments there to and not for

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other bus in css of the Contractor. Any balances from time t o time i n such special account o r accounts shall at all timcs secure the repayment ofthe advances i n connection with which the special account o r accounts are opened, and the Government shall have a lien upon such balances to secure there pap cnt of such advances, which li cns hall be superior to any lien of the bank o r any other person upon such account o r accounts by virtue of assignment t o it of this contractor otherwise; Provided: be under no liability tp any party here to for the withdrawal o f any funds from said special account upon checks, properly endorsed and signed by the Contractor, except that after the receipt by the bank of written directions from the Conmission, the bank shall act thereon cnd be under no liability to any party here to for any action taken i n accordance with the s3id written d irc ct ions. Any instructions or written directions received by the bank through the Conmission's representative on United States Atomic Energy Commission stationery and purport in s to be signed by the Commission orits duly authorized representative,shall,inso far as the rights,duties and liabilities of the bznk are concerned, be conclu siv ely deemed t o have been properly issued and filed with the ' bank by t h e Commission. That the bank shall " (d)Itis agreed that the aggreg2te of the advance payments outstanding undcr this contract together with funds received as reimbursement for the cost of the work by the Contractor under Article 111 of this contracts hall,atno time, exceed the total estimated cost of the work undcr this contract as it may be revised from time t o time and m y such excess shall be immediately repaid by the Contractor tothe Governmcnt orif any reimbursement i s due from the Government tothe Contractor, shall be deducted therefrom; Provided, however, that if the total cost of the work under this contracts hall be i n excess of the amount so paid to the Contractor,including said advance payments, the Government upon presents tion of sst is factory evidence shall currently and promptly reimburse the Contractor to the extent of such excess cost(subject to any delay in the availability of appropriated nation there of for other than the fault of the Contractor, the advance payments made tothe Contractor in respect of this contract have not been fully liquidated in the manner here in provided, the un liquidated balance of such advance payments shall be dcducted from any payments otherwise due the Contrzctor in respect of this contract ; and ifthe sum o r sums due the Contractor be insufficient t o covcr such balance, the deficiency shall be paid by the Contractor . i n cash forthwith after demand and final audit by the Government of all accounts hereunder in respect of this contract ; Provided, however, that in the event of such termination of the contract for other than the fault of the Contractor, such deduction shall not

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be made prior to final audit unless, and only to the extent th z t thc Commission shall deter nine th2t such action is reasonably required i nord cr to secure the evcntunl repayment in full to the Government of such un liquids tcd advance paymerlts. of can cc ll ation or term inc tion of this contract because of the fault of the Contractor, thc Contrnctor, notwithstanding any ultimate rights to be reimbursed, agrees to return to the Government, upon demand, without set - off of any sums alle god to bc due thc Contractor, thc un liquidated alan cc of m y advance payment. Furthermorc, if,inthe opinion oF the Commission, the unobligated balance of the zdvance payments made by the Government under pare.- graph (a) hereof excecds the amount necessary for the current needs of the Contractor, as detemxincd by the Commission, the amount of such excess shall, upon denand by the Commission, be promptly returned to the Goverpment md will be credit rd against the balance due the Governrncnt o n advanctzs prc vio us ly made. madc i n any cvent set forth in this p nra gr q his not met upon rc cci pt of such demand b ; rthe Contrector, the amount demanded Will bear interest at the rate of six pcr cent(6%)per annun from the date of the rc cci ? t of tile demsnd until pcynent i s made; Provided, duc hereunder, If and whcn,thr- Contrickor has, by means of deducmndc, any money remaining inthe spcci?,i bank account o r accounts coaccrncd shall hnve nuthoi-ity top zy smc to the Contrcaxtor and ment on arcount there of. mission proper f nci li tics for the in s ? rct ion an5 :,.u.dit of the of any entries in the books awl records o f the bmkor banks rcl q ting to the said special account o r nccounts." IN KITNESS VHEREOF, the parties here to havE exeo-Jted this agreemcnt on the day and year first ab0v.s v witt cn.

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CERT IFICBT ION certify that Iam the duly qualified Secretary - of the corporation named here in as the Contractor; that on bkhalf of the Rb sident of said corporation ; that said agreement was duly signed for and i n behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Frank P. Graham who signed this agreement I?? VITNESS THEIkOF, I have hereunto affixed my hand and the seal of the corporation this 28th day of June

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Kk!JdRFJ,S, the Government rnC' t h e Contractor entered into R contmct, for the conduct cf ccrta.in educationel and trcinbg prognns in t h e field of nuclear and related sciences, and s s i d controct has been modified heretofore by modifications 1, 2 and 3; end YiilLiiLAS, the Government, iri the interest of furthering the disse nhat ion of atomic energy Wor rAtion to the puSlic, desires that the Contractor perform the Fr dd it iom l services heraLmftcr described; and under, the Atomic Energy Act of lP&, i3 the bitsrest of the common defense AT-40-1-GU4-33, as heretofore m dui ed, is hereby noaified further, but. on@ in the follow bg particulars: ;'JIii.RL!iS Ithis Supplenental Agreement is authorized br, ard executed NOW, THZWORE, the wrties hereto agree tkt scld Contrt?ct be a t Oak Ridge, Tennessee, subject to the following general terns (I) The museum tvill contein certain exhibits furnished by t h e Commission end other exhibits which the Contractor my prepare or acquire from time to (2) The museun shall be open t o the general public, subject to payment of an admission charge in such amount as the Gomission and the Contractor may agree upon from tine to time. Commission, the Contractor shall admit without charge guests designated by .the Cornmiasion. Upon request of the

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(3) To the extent t h a t the Commission shall approve, the Contractor my, from time to time, arrange for the furnishing of traveling exhibits and lecture services to university extension organ le at ions and other organieetlons for the promotion of public education. Any such services will be conducted in such a mnner a s to cause no substantial interference with ti% operation of the museum a t ments mde for traveling exhibits shall be subject to the prior written approval of' the Commission. The term and conditions governing any arrange- (4) …