Supplemental Agreement - Contract No. at-(40-1)-1828, the University of Texas, Modification No. 2 (Redacted)

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The University of Texas Mod ui cation No. 2 'IHIS SUPPLEMENTAL AG-, entered into this ahday of June , 1959, by and between the UNITED S'IRTES OF AMIZICA (here m after c me lvGovernmentll), represented hereil? by the UNITED STATES ATOMIC ENERGY COMWHEREAS, the Government and the Contractor entered into Contract No. of' radiation on the genetic systenl of organisms in relation to their physiologic a l and biochemical systems; and WHEREAS, the contract has been amended heretofore by Modification No. 1; WHEREAS, the Commission desires to provide for additional research as more particularly described in TITLE I11 of Appendix "Att, t o obtain reports larly described ; and thereon, and to effect cer bin other changes e here in after more part icu - WHEREAS, this Supplemental Agreement is authorized by and executed under the Atomic bergy Act of 19s&; -< NO?,J, 7RE,REE?oRE, the parties here to do mutually agree that said contract is hereby modified inthe following particulars, but in no others : 1. %e following new sect ian 113.11i s added to Article 11: 113. The per icd during which the work under this contract may be conducted i s hereby extended to April 30, 1960." 2. The following new subsection111.c. " i s added in Article 111: 112. In consideration of the performance of the additional work ment to support that work in the estimated amount of Thirteen Thousand, menty - three Dollars ($13,023.00), the Government will pay t o the Contractor Twelve Thousand, Five Hundred Dollars ($12,~00.00."

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3. In subsections 2. a., 2. b. and 2. C. of Article In,d ele te the words llproperly certified MUC herT1and substitute there for the words "proper L. The ETLE 111 attached here to, ard mdea pirt hereof, i s added I N hTTNcSS XHEiEOF, the parties here to have executed this Supplemental Agreement the day and year first above written. UNTTED STATES OF AmU i BY: UNITED SDIES A IC MIC ENERGY COFlMlSSION 6723 Bertner Avenue. Hms ton, THE UNTVFRSITY OF TEXAS (M. D. ANDERSON 6723 3ert ner Avenue, Hollston, I have read the foregoing Susplemental Agreement and the ETLE I11 of Appendix lfAf! attached here to and made apart hereof and agree to be bound by the provisions of this document. dni or Investigator

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This TITLE I11 describes the research Frogram and cost estimates agreed upon between the Comiissiori and the Contractor. preme:lotic gem cells ; (2)studies and determination of the Relative B lolo g is alS ff iz iec sy for ic niz ing radiations in producing genetic dags ; (3)the effect of dcse rates on biolo @ cal dm gein different germ call stages ir;,n it zo gen and oxjrger,, utilizing Cobalt-60 gamma rsys; (b) tho, effect cf different ow gec concentrations on biological st li dies 3f the radi c sensitivity at different partial pressures of gases, and (6)a study of mutations at specific loci in nature sperm md spem tag on i al cells. will continue experimentzi six dies in radiation genetics, (1) Salaries and Waazs: Rasearch Technicians an6 Laboratory b. 7A~~~~ :f p z cpr ty to be procured or mu fact wed by the Contractor,

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1961, by and between the UNITED STATES OF AMERICA (here in after called the l*Covernmentft), represented here in by the UNITED STATES ATOMIC ENERGY CQMMISSION (here in after called the fTOrmnission"), and THE UNIVERSITY OF TEXAS (M. D. Anderson Hospital and Tumor Institute)(here in after call led the WHEREAS, the parties here to have heretofore entered into Contract No. AT-(40-1)-1828 and Modifications there to numbered 1 through 3(here in after called the %ontract") providing for the Contractor ' s performance of certain research ; and WHEREAS, the parties desire to amend the contract to provide for the continuance of this research and/or the performance of additional research and to provide for certain other changes; and WHEREAS, this Supplemental Agreement Is authorized by and executed under the Atomic Energy Act of 1954; NOW, THEREFORE, the parties do mutually agree ;hat said contract is hereby amended in the following particulars, but i n no other q : 1. The following sentence is added to section 4. of Article I: '?Any change of Senior Investigator(s)shall be made only with the written concurrence of the Commission, but without the necess it y for a formal modification of the contract." 2. The following new section "Son is added t o Article XI: "5. The period during which the work under this contract may b e conducted i s hereby extended to April 30, 1962." 3. The following new subsection lll.e.fl is added t o Article 111: "e. In consideration for the performance of the additional work described in Title V of Appendix "Art, and the Contractor,'s. agreement t o support that work in the estimated amount of Fifteen Thousand, One Hundred Five Dollars ($15,105.00), the Government will pay t o the Contractor Fourteen Thousand, Nine Hundred Twenty-four Dollars

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4. Subsection b. of section 4., IV is revised to read as follows: Examinat ion of Records, ffb0 The Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or any of his duly ruth or ize dr t pre sen - tat iv ts shall,until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor,in - vol ving transactions related to the subcontract. The term f sub contra qt ras used in this clause excludes (i) purchase orders not exceeding $2500 and (ii) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general 5.Title V, attached here to and made apart here of, is added t o 6. The provisions of Appendix Wrr dated April5, 1961, which appendix is attached here to and made apart here of,are hereby made apart of the contract in lieu of the provisions of undated Appendix Wl to the contract.

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IN WITNESS WHEXEOF the parties hereto have executed this Supplemental Agreement the day and year first above written. UNITED STATES OF AMERICA ACCEPTANCE BY SENIOR ZNVESTIGATOR I have read t h e foregoing Supplemental Agreement and the Appendices attached hereto and made a part hereof and agree t o be bound by the provisions of this docment,

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This TITLE V desc rl best he research program and cost estimates agreed upon between the Cods sion and the Contractor. The Contractor will continue the investigation of the effects of ionizing radiation on the gen tic systems of organism, -D. melanopaster, 2. vi ril is,etc.,in relation to their physiological and biochemical systems. include the continuation of studies involving (1) the use of accelerator produced neutrons to investigate differences in c:c,-omosomal breakage i n sperm treated in the male and those treated in the inseminated female, (2)studies of oxygen enhancement of biological dam ge from radiation,(3) problems presented by differential amounts of biological damage recovered from spermatogonial cells, and (4) investigation of the low These studies will mutation rates with regard t o sex-linked specific loci with mature sperm. a. Outline of Cost Zstimates: (1) Salaries and Wages: Research Technicians and Laboratory Workmenfs Compensation Insurance and F.I.C.A.: Overhead (15% of Direct Charges t o Commission - b. Items of property to be procured or manufactured by the Contractor, orto be furnished by the Government, title to which will vest or remain in the Government (see Article VI: None

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a. Whenever any invention or discovery i s made or conceived by the Contractor or its employees in the course of, in connection with, or under the terns of this contract, the Contractor shall furnish the Commission with complete information thereon; and the Connnission shall have the sole power to determine whether or not and where a patent application shall be filed, and to determine the disposition of the title to and rights under any application or patent that may result. The judgment of the Connnission on these matters shall be accepted as final.; and the Contractor, for itself and for its employees, agrees that the inventor or inventors will execute all documents and do all things necessary or proper to carry out the judgment of the Commission. b. No claim for pecuniary award or compensation under the provisions of the Atomic Energy Acts of 1946 and 1954 shall be asserted by the Contractor or its employees with respect to any invention or discovery made or conceived in the course of, in connection with, or under the terns of this contract. C. Except as otherwise authorized in writing by the Conmission, the Contractor will obtain patent agreements to effectuate the purposes of paragraphs a. and b. of this clause from all persons who perfonn any part of the work under this contract, except such clerical and manual labor personnel as will not have access to d. Except as otherwise authorized i n writing by the Commission, the Contractor will insert in all subcontracts provisions making this clause applicable to the subcontractor and its employees. It is intended that the Contractor shall have full freedom of publication of the results of the research under this contract and the Contractor is urged to disseminate the results of the work through customary scientific pyblication channels, except

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1954 shall be governed by the provisions of Clzuse 3 . of this HoKever, in order to in sure th3t the public disclosure of such results will not adversely affect the patent interests of the Government provided i n Clause I , of this Appendix "E!" entitled "PatentE", apprcval for such releases hall be secured from the Commission pri cr to any such publication. All public Jt ions shzl! include a referer ice that the results were deveioped under 3 Cmmission sponsor ei project. a . It i s understood that the work under this contract will not involve restricted dst a or other classified matter and that the Contractor will per f om such work 2s unclassified work. if inthe course of such work any discoveries are made or any data used o r developed that constitute restricted data or other classified matter,the Contractors hall pronptly inform the Conmission and will be bound by the following: (1) Contractor fs Duty t o Safeguard Xe strict ed Data and Other Classified Information. Inthe performance of the vork under this contract che Contractor sh211, i n accordance with the Co mission rs security regulations and require - ments, be responsible for safeguarding restricted data and other classified matter and protecting ag,iinst sabotage, espiocage, loss and theft,the classified documents, materials, equipment, processes,Etc or as well as such other material of high intrinsic or strategic value a s may te in the contractor?^ pcs session in connectior. with performance o f work under this concr act. Except as other6ise expressly provided in the specifications the Contractor shall upon completion or termination of this contract transmit to the Commission any classified matter in the possession of the Contractor or any person under the Coritractor ? ~c on tr olin connection with performance of this (2) Xegulations, The Contractor agrees to conform to all security regulations and requirements of the Commission,

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Data”, a s used in this cl zu sep means all data concerring (1)design, minuiLcture, or utilization of a tonic keapons; use of special nuclei rina teri al in the prc suction of energy, but shall r,ct include data declassified or removed from the Restricted Data categorjt pursuant KO section 142 of the (4) Security Clearance of Personnel. Except asthe Commission 1954, the Corltractoi shall not permit any individual to have access to Restricted Data mtiL the designated in - vest i sating agency shall have made an investigation 2nd reporr tbthe Commission on the character,association5, and loyalty of such individual and the Comdssion shall have determined chat permitting such persor. t o have access to Restricted Data will not endanger the conunon defense and security. {is used in this paragraph, the term “designated investigating agency” means the United States Civil Service Commission or the Federal Bureau of investigation,or both, a s determined pursuant to the provisions of the Atomic Energy Act of 1954. .‘xcesS to classified information other than Restricted Data shall not be granted unless the recipient possesses appropriate security clearance. (5) Criminal Liability. It is underscood that disclosure of inforination relating to the xork o r services ordered hereunder t o any person not entitled to receive it, or failure t o safeguard any ii est ric ced3ataor any top secret,secret, or confidential matter that may come tothe Contractor o r any person under the Cont rz ctor ? sco nr roi in connection with work under this contract, mcly sub j oct thc Contractor, its agents ? enployees, snd subcontractors to cr imina i liability under the laws of the United States. !See the Atomic Energy Act of 1954, 68 S ~ a t . 9 1 9 ) ~(See a l s o Executive Order 10104 authorized in writing by the Contracting Officer,the Contractors hall insert provisions similar to the foregoing in all subcontracts and purchase orders under this contract.

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b. The continuation by the Contractor of work found t o involve restricted data will be subject to mutual agreement of the Couunission and the Contractor and shall be covered by a modification of this agreement. a . Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which isnot disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy there of to the Contractor. The decision of the Contracting Officers hall be final and conclusive unless,within 30 days from the date of receipt of such copy, the Contractor mails or other - wise furnishes to the Contracting Officer a written appeal addressed tothe Commission. The decision of the Commission or its duly authorized representative for the determination o f such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, ort capricious, or arbitrary,or so grossly erroneous as necessarily to imply bad faith,ornot supported by substantial evidence. In connection with any appeal proceeding under this clause,the Contractors hall be a f - forded an opportunity to be heard and to offer evidence i n support of its appeal. Pending final decision of a dispute hereunder, the Contractors hall proceed diligently with the performance of the contract and i n accordance with the Conb. This “Disputes” clause does not preclude consideration of law questions in connection with decisions provided for in paragraph a., above; Provided, that nothing in this contract shall be construed as making final the decision of any administrative official,representative, or board on a question of law. 5.Safety, Health and Fire Protection The Contractors hall take all reasonable precautions in the performance of the work under this contract to protect …