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THIS SUPPLEMENTAL AGREEMENT, entered into this 22nd day of Anri1, 1963, effective as of the 1st day of February, 1963, by and-between the UNITED STATES OF AMERICA (here in after referred to as the "Govermentff), as represented by the UNITED STATES ATOMIC ENERGY COMMISSION (here in after referred to as the l'Comrnissionlf), and the UNIVERSITY OF ARKANSAS (here in after referred to as the %ontractor") ; WHEREAS, the parties here to have heretofore entered into Contract No. AT-(40-1)-2681 and Modifications there to numbered 1 through 3 provi ding for the Contractor ts performance of certain research3 and WHEREAS, the parties desire to further amend the contract to formance of additional research ; (b) the revisions and/or additions of certain provisions there of in accordance with current applicable rules and regulations of the Commission; and (c)as a result there of, restate the provisions of this contract as of the effective date of this Supplemental Agreement; and WHEREAS, this Sup plane n tal Agreement is authorized by law,in - clu ding the Atomic Energy Act of 1954; NOW, THEREFORE, the parties do mutually agree that the contract (including its Appendices), as amended, is hereby revised to read as ARTICLE I - THE RESEARCH TO BE PERFORMED 1. The Contractors hall furnish personnel,facilities, equipment, materials, and supplies substantially to the extent set forth i n Appendix '?Aft attached here to and made apart here of, endeavor t o procure the items that may be listed under 111 of said Appendix ''A", and there with perform to the best of its ability the research provided forin Appendix "AVf and report thereon pursuant to the provisions of this contract. 2. This work shall be conducted under the direction of Dr. H. N. Marvin and Dr. T. H. Oddie o r such other member of the Contractor * s staff as may be mutually satisfactory to the parties. ARTICLE 11 - THE PERIOD FOR PERFORMANCE The period for performance under this contracts hall expire on January 31, 1964; provided, however, that this period may b e extended for additional periods by the mutual written agreement of the parties.
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In full consideration of the Contractor’s performance hereunder (a) shall pay the Contractor the for the period commencing on February 1, 1963, and expiring on January 31, 1964, the Commission: sum of $13,853.00; and (b) hereby transfers to the Contractor the Government-owned Whole Body Scintillation Counter presently in the possession of the Contractor and consisting of: Detector Crystal Assembly Visual and Auditory Control Crystal Assembly Support Air Conditioning Unit Specialized Replacement Parts and Tubes Small Liquid Scintillator ARTICLE IV - THE REMAINING CONTRACT PROVISIONS Apperidices trA” and lrBrtset forth the other provisions of this IN WITNESS WHEREOF, the parties have executed this Supplemental UNITED STATES OF AMERICA BY: UNITED STATES ATOMIC ENERGY CObMISSION RESEARCH AND DEVELOPMENT DlVlsIoN
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UNIVERSITY OF ARKANSAS CONTRACT NO. AT-(40-1)-2681 For the Contract Period February 1, 1963 through January 31, 1964. A-I RESEARCH TO BE PERFORMED BY CONTRACTOR The Contractor will continue to conduct research on whole body de tenn l nations of radioisotope burdens i n humans and animals. This work will include utilization of whole-body counting techniques to(1) survey the isotope burden of normal children and adults and of pregnant women before and after delivery, (2)study turnover of Iodine-131 i n human patients under various conditions, (3) study of the Iodine-131 level in the thyroid tis aue of the general population, (4) determine erythrocyte calcium turnover in noma1 humans and inpatients with osseous disease using Calcium-47, (6) study of the effect of various hormones on the Ca-47 turnover in mice, and (7) study of manganese ham eo stasis in parakeet8 using Manganese-54. A - I 1 APPROXIMATE LEVEL OF RESEARCH EFFORT Premises, Fac ili tie a, and Material8 t o be Furnished Adequate laboratory apace and facilities necessary to conduct research on whole body determinations of radioisotope burdens i n humans and i n animals will be available to the project. Equipment available includes scintillation counters to accomodate (1)the entire human being and (2) small animals. The sc in til - la tion facility consists of a steel room, 128 channel analyzer, power supply, detector crystal assembly, visual and auditory control,os cill o a cope,pulse generator, small liquid scintilla tor and other items including the ones listed in A - I11 below. A - 1 1 1 EQUIPMENT .TO BE PURCBdSED OR FABRICATED BY CONTRACTOR Cost 1. Typewriter, Power Supply and Conversion $2,200.00 2. Scintillation Crystal, Shield, Colli mat or and Conversion 4,000.00
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A- IV EQUIPMENT TITLE TO WKICH IS TO =IN WITH GOVERNMENT Subatantial deviations from the foregoing shall be discussed with and subject to the written approval of the Conrmission.
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1. The term "Commission" means the United States Atomic Energy Commission or any duly authorized representative there of,including the Contracting Officer except for the purpose of deciding an appeal under the 2 . The term " Contracting Officer " means the person executing this contract on behalf of the Government and includes his successors or any duly authorized representative of any such person. ARTICLE B - I 1 INSPECTION, REPORTS, RECORDS AND ACCOUNTS, AND 1. The Cotmission shall have the right to inspect,in such manner and at all reasonable times as it deems appropriate,all activities of the Contractor arising in the course of its activities under this contract. 2 . The Contractors hall make progress and other reports in such manner and a t such times as specified in Article B-XX. The Contractors hall also make such other reports to the Commission with respect to its activities under this contract, as the Cotmission may reasonably require from time t o time. A copy of each article submitted by the Contractor for publication shall be promptly sent to the Commission and the Contractors hall furnish the Commission with are print when the article is published. 3. The Contractor agrees to keep records and books of account, i n accordance with generally accepted accounting principles and practices. covering its costs and expenditures for the research work under this contract. 4. The Commission shall at all reasonable times be afforded access to the premises and to these books and records and to related corre - spondence, receipts,vouchers, memoranda, and other data of the Contractor ; and the Contractors hall preserve such books and papers, without additional compensation there for,for a period of three (3) years after completion of 5. Research results obtained under this contracts hall be made available to all through normal and accepted channels except that no
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" restricted data" as defined in the Atomic Energy Actof 1954, or other classified information, shall be disclosed to unauthorized persons.In order that public disclosure of such information will not adversely affect the patent interest of the Commission, such information shall be withheld from public disclosure if it discloses an invention, which should be promptly reported to the Commission, and i n such case, it shall be withheld for a period of four(4) months after submission of the information tothe Commission for patent review and possible patent application,unless the Commission approves earlier release. Any publications hall indicate that the research was supported by the Commission. ARTICLE B - I 1 1 DISCLOSURE OF INFORMATION 1. It is mutually expected that the activities under this contract will not involve Restricted Data or other classified information or material. It i s understood, however ,that if in the opinion of either party this expectation changes prior to the expiration or termination of all activities under this contract.said party shall notify other party accordingly in writing without delay.In any event,the Contractors hall classify,safe zu ard, and otherwise act with respect to all Restricted Data and other classified information and material, i n accordance with app lica - ble law and the requirements ofthe Commission, and shall promptly inform the Conmission in writing if snd when Xe strict ed Data or other classified information or material becones involved. I f and when Restricted Data or other classified information or material becomes involved, or inthe mutual judsinent of the parties it appa rs likely that Lie strict ed Data or other have the right to terminate perfornance of the work under this contract and i n such event the provisions of this coT-tracz respecting termination for the 2. Except as the Commission may authorize in accordance with the Atomic EnerSy Act of 1954, a2 amended, the Contractor shall not permit any individual t o have access IO Rest rlc ted Data xn til the designated investigating agency shall have made an investigation and report to the Commission on the character,associations, and loyalty of such individual and the Conmission shall have determined that permitting such person t o have access to Restricted Data will not endanger tne common defense and security.A ? used in this paragraph the tern "designated investigating agency" means the United States Civil Service Conmiss ion or the Federal Bureau of Investigation, or both, as deternined pursuant to the provisions of t h e Atomic Energy Act of 1954, as ar'iended. 3 . The term " Xe strict ed Data" as used in this Article means all data concerning the design, manufacture or utilization of atomic weapons, the production of special nuclear material,or the use of special nuclear material inthe production of energy, but shall not include data de class i - fie dor removed from the Restricted Data category pursuant to Section 142 of the Atomic Energy Act o f 1954, as amended.
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1 . The Contractor is solely responsible for the conduct of the 2.Attention is directed to the fact that, among other legal requirements that may be applicable to the conduct of the work, the Contractor will be obliged to satisfy all of the Commission's regulatory requirements ( including those pertaining to the obtainment of Commission licenses)that may be pertinent. The Contractor agrees that,unless the Commission shall give its prior written approval,the Contractors hall not use any of the funds provided by the Cormission under this contract to pay the stipend of any appoint - ment for which commensurate services are not rendered under this contractor t o pay any part of the stipend of a fellowship of any kind. BRTICLE B-VI WRITTEN MATERIAL 1. The Contractor hereby grants to the Government a royalty - use and dispose of, and to authorize others to do so,all copyrightable material produced or composed or delivered to the Government or its designees under this contract,including work not first produced or composed by the Contractor in the course of perfornance under this contract but incorporated in the material produced or composed or delivered under this contract(but only to the extent,that the Contractor now has, or prior to final settlement of the contract may have, the right to grant such license to such previously produced o r composed work without becoming liable to pay compensation t o others solely because of such grant). 2 . The Contractor agrees that,except as the Commission may otherwise specifically authorize in writing,the Contractor will not in - clude in any report or other material delivered under this contract, or i n any published material relating to the work under this contract, any copyrig:(ted material owned by others which such owners have not consented t o have EO included, 3. Anything in this Article or otherwise in this contract not - withstanding,the Commission shall have the right to inspect,use, and have used by others, and to publish and have published at its convenience, any written material first produced or composed under this contract. The Commission will not publish in advance of the Contractor ' s publication without prior consul tat ion with the Contractor.
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1. Whenever any invention or discovery is made o r conceived by the Contractor or its employees in the course of o r under this contract, the Contractors hall furnish the Commission with complete information there on ; and the Commission shall have the sole power t o determine whether or not and where a patent applications hall be filed, and t o determine the disposition of the title to and rights under any application or patent that nay result. The judgment of the Commission 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 carryout the judgment of the Commission, 2 . No claim for pecuniary award o r 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 inthe course of or under this contract. 3. Except as otherwise authorized in writing by the Commission, the Contractor will obtain patent a green ents to effectuate the purpose of paragraphs 1 and 2 of this Article from all persons who perform any part of the work under this contract. except such clerical and manual labor personnel as will not have access to technical data. 4 , Except as otherwise authorized in writing by the Commission, the Contractor will insert in all s cb contracts and purchase orders,other than purchase orders for s tanar;rd commercial items, provisions making this article applicable to the subcontracc orthe purchase order. The Contractor will insert in purchase orders for standard commercial items a provision indemnifying the Government against liability for the use of any invention or discovery and for the infringement of any Letters Patent arising by reason of the purchase,use or disposal by or for the account of the Government of items manufactured o r suppi ied cnder the purchase order. 1. Except a s otherwise provided in this paragraph 1 and paragraph 2 of this Article i3-VIII. title to all materials, supplies and equipment purchased or otherwise acquired by the Contractor in the performance of its research act iv i riess hall be and remain in the Contractor. Except as otherwise agreed ir. ~ rixh5 ,t it leto any items of property listed as "Government propercj." shall pass directly to the Government; such property shall be subject to paragraphs 2,3,4 and 5 of this Article B - VIII.
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2.Subject to the mutual agreement of the Commission and the Contractor,the Government may furnish the Contractor items of equipment, materials,supplies, or facilities for use by the Contractor inthe performance of the contract work; title to these items shall remain inthe Government unless otherwise agreed in writing. Such items of property and the items of property listed elsewhere in this contract a s Government property, are here in after referred to as "Government property". Title to Government property shall not be affected by the incorporation or attachment there of to any property not owned by the Government nor shall any such property, or any part there of, be or become a fixture or lost its identity as personal ty by reason of af fixation to any realty. 3. To the extent practicable,the Contractors hall cause all items of Government property …
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