Supplemental Agreement - Contract No. at-(40-1)-2700, Emory University, Modification No. 2

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THIS SUPPLEMENTAL AGREEMENT, entered into this 22nd day of !Jay/ , 1962, effective as of the 15th day of April, 1962, by and between the UNITED STATES OF AMERICA (here in after called the Wovernment”), represented here in by the UNITED STATES ATOMIC ENERGY COMMISSION (here in after called the llComnisslonll), and the EMORY UNIVERSITY (here in after called WHEREAS, the parties here to have heretofore entered into Contract No, AT-(40-1)-2700 and Modification there to numbered 1(here in after certain research ; and WHEREAS, the parties desire to amend the contract to provide for: (a) the continuance of this research and/or the performance of additional research ; (b)the revisions and/or additions of certain provisions thereof i n 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 Supplemental Agreement is authorized by and executed under the Atomic Energy Act of 1954; NOW, THEREFORE, the parties do mutually agree that the contract (including its Appendices) is hereby revised to read 8s follows: 1. The work shall consist of research concerning the behavior of cell membrane mechanisms during and following gamma radiation. of approach tothe problem and the agreed upon program and budget for the project are described in Appendix r’A1l, which is hereby made a part of this contract. The Contractor shall be guided by, but not bound t o conform t o the details of,the budget described i n Appendix IrAt1. 2. The Contractor shall furnish all services,facilities, equipment, supplies and materials (except such services, equipmemt, supplies and mate rials as the Government has agreed to furnish here in) required for the performance of the research program described in section 1, above. 3. The work will be carried out by the Contractor under the direction ofDr. Geoffrey H, Bourne as Senior Investigator. Investigators hall be made only with the written concurrence of the Commission, but without the necessity of a fonnal modification of the contract. Any change i n Senior

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4. The Contractors hall comPence the work a s soon as feasible, prosecute it with due diligence and submit the reports required i n Appendix rWr, attached here to and made apart here of,as early as pr act i - cable but not later than the dates specified in Appendix nCn, 3. The period during which the work under the contract may be conducted shall end on April 14, 1963. C. In consideration of the performance of the research act iv i - ties described i n TITLE I11 of Appendix nAn, and t h e Contractor's agreement t o support that work inthe estimated amount of Fifteen Thousand, Three Hundred and Ten Dollars ($15,310.00), the Government shall pay to the Contractor Twenty-one Thousand, Five Hundred and a. On or before the date of comnencement of work on the project described i n Appendix nAn, the Government shall pay tothe Contractor, upon submission by t h e Contractor of a proper voucher, 45 per cent of the agreed consideration. b. On or before the expiration of six months from the date of comnencement of the project,the Government shall pay tothe Contractor, upon submission by the Contractor of a proper voucher, 45 per cent of the agreed consideration. c. Upon receipt and acceptance of a satisfactory progress report, in cases where the contract is t o be renewed, or the final report if the contract is notto be renewed, the Government shall pay tothe Contractor, upon submission by the Contractor of a proper voucher, the remaining 10 per cent of the agreed consideration. contract work without additional funds shall not be considered a renewal of the contract and i n such cases the retained 10 per cent of the agreed consideration will be paid upon submission and acceptance of a satisfactory final report. An extension of t h e d, In the event the contract is renewed, payments tothe Contractor of any additional amount t o be paid by the Government shall be made for the extended work i n accordance with the schedule outlined

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When renewal of the contract is desired,the Contractors hall submit a renewal proposal, a progress report and a 200-word summary i n such manner and a t such times as specified in Appendix "C". The Contractor and the Commission shall then negotiate as to the amounts each will contribute for the additional research activities to be conducted, taking into con- ' side ration the actual costs incurred for the current work i n comparison with the cost estimates in the contract, and, upon agreement, shall execute a formal modification of the contract. ARTICLE IV - REPORTS, RMX)RDS AND INSPECTION 1. The Conmission shall have the right to inspect in such manner and a t such times as it deems appropriate all activities of the Contractor arising in the course of the work under this contract. 2. The Comission shall at all times be afforded access to the premises and to all technical records, correspondence, instructions, drawings and memoranda of record value of the Contractor pertaining to other reports as may be required in Appendix "C" in such manner and a t such times as specified in Appendix "C" and shall submit such other reports as required by this con'tract in such manner and a t such times as requested by The Contractor shall su hit a complete scientific report and such 4. Examinat ion of Records a . The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after final payment under this contract, have access t o and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions related to this contract. b. The Contractor further agrees t o 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 hi8 duly authorized representatives shall,until the expiration of three years .after final payment under the subcontract, have access t o and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor, involving transactions related to the subcontract. subcontracts o r purchase orders for public utility services a t rater established for uniform applicability to the general public. The term "subcontract" a s used in thir

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c , Nothing in this contracts hall be deemed to preclude an audit by the General Accomting Office of any transaction under this cori tract. In consideration of the Contractor ' s contribution to the research tools, machinery, equipment and supplies acquired from any source, including the Government, or manufactured by the Contractor under this contract, shall vest inthe Contractor, except that title to items of property described in subsection 2.b. of Appendix "A" shall vest or remain inthe Government, Additional items may be added t o such subsection 2.b. i n writing without the necessity for a formal modification of the contract. FACILITIES; COMPLIANCE WITH COMMISSION REGULATIONS The Contractors hall comply with all licensing and other requirements of the Commission with respect t o possession and use of by-product material, Source material, and special nuclear material(as these terms are defined in the Atomic Energy Act of 19541, and may purchase or acquire such mateetc., from the Commission or Commission facilities in accordance with ARTICLE V I 1 - GENERAL PROVISIONS The provisions of Appendix "B", dated April 1, 15'67, attached here to,, are hereby made apart of this contract. The following alterations to this contract were made by mutual agreement of the parties prior to its execution: None.

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I N WITNESS WHEREOF, the parties here to have executed this Supplemental Agreement the day and year first above written. UNITED STATES OF AMERICA ACCEPTANCE BY SENIOR INVESTIGATOR I have read the foregoing Supplemental Agreement and the Appendices attached here to and made a part hereof and agree to be bound by the provisions of this document.

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This Title I11 describes there re8rch program and coster tim tes agreed upon between the Corm~ission8nd the Contractor o a. Scope 8nd Plan o f Approach: The Contractor will continue to conduct research on the behavior of cell membranes during and after exposure to ionizing r8di8tion. This research will include such approaches 8 s (1) study of the effects of X - lrr8di atl on on the steady trensmambrone potential, (2)study of the effects of K-Ringer and Potarslum free Ringers on membrane potential following exposure to ion i ring radiation, (3) influence of Calcium ions on the Sodium Conduct8nce of membranes, (4)penetration of Potassium, Rubidium and Calcium ions across merabranes, (5) recovery of steady tranrmembrane potential after irradiation,(6)relationship of A dinos in e tri - phosphate to transport mechanisms, 8nd (7) changes i n muscle membrane properties and mechanical parameters of muscle fol loving radiation doses up to 100,000 r. a. Outline of Cost Estimates: (1) Sah rios and W8ge8S $27,210.00 Dr. Adolfo Porte18 (100% of time) $8,500.00 Ju8n carlor Perez (100% of t i m e ) 6,800.00 R e sa rch As soc i8t e 6,000 00 (6)Indirect costs (27% of Direc Costs t o 4,575.00 b. Itmu of pro party to ba procured o r manufactured by the Contractor, orto be furnished by the Government, title to which will vest or remain in the Government (see Article V)t None

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(FOR DIRECT AEC RESEARCH CDNTRACTS) a . Whenever 'any invent ion or discovery is made or 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 to determine the disposition of the title to and rights under any application or patent that may result. ment 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 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 or under this contract. c. Except as otherwise authorized in writing by the Commission, the Contractor will obtain patent agreements to effectuate the pur - poses of paragraphs a. and b. of this clause from all persons who perform any part of the work under this contract,except such cleri - cal and manual labor personnel as will not have access to technical d. Except as otherwise authorized in writing by the Commission, the Contractor will insert in all subcontracts provisions making this clause applicable to the subcontractor and its employees. e. Except as otherwise authorized in writing by the Commission, the Contractor will insert in all purchase orders and supply subcontracts, for the procurement of any materials,tools, machinery, equipment or supplies described in subsection 2.b. of Appendix "A" of this contract,provisions securing for itself and for the Government indemnification against liability for patent €neringement with respect to the manufacture,use and sale of such materials,tools, machinery, equipment or supplies.

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Itis intended that the Contractors hall have full freedom of publi cation of the results of the research under this contract and the Contractor is urged to disseminate the results of the work through customary scientific publication channels , except that " Restricted Data" as defined in the Atomic Energy Act of 1954 shall be governed by the provisions of Clause 3. of this AppenHowever, in order to in sure that the public disclosure of such results will not adversely affect the patent interests of the Government provided in Clause 1. of this Appendix "B" entitled " Patents ' , approval for such release shall be secured from the Commis s ion prior to any such pub1 icat ion. All publications shall include a reference that the results were developed under a Commission sponsored pro;'ect. 3. Disclosure of Information a . It i s mutually expected that the activities under this contract will not involve Restricted Data or other classified information or material. It is 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 the other party accordingly in writing without and otherwise act with respect to all Restricted Data and other classified information and material, i n accordance with app li - cable law and the requirements of the Commission, and shall promptly inform the Commission in writing if and when Restricted Data or other classified information or material becomes involved. I f and when Restricted Data or other classified information becomes involved, or inthe mutual judgment of the parties it appears likely that Restricted Data or other classified information or material may become involved, the contractors hall have the right to terminate performance of the work under this contract.In such event the provisions of this contract respecting termination for the convenience of the Government shall apply. b . Except as the Commission may authorize in accordance with the Atomic Energy Act of 1954, a s amended, the Contractor shall not permit any individual to have access to Restricted Data until the designated in w sti gating agency shall have made an invest i - g ation and report to the Commission on the character,associations, and loyalty of such individual and the Commission shall have determined that permitting such person t o have access to Restricted Data will not endanger the common defense and security. As used

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in this paragraph the term "designated investigating agency" means the United States Civil Service Cotmission or the Federal Bureau of Investigation, or both, as determined pursuant tothe provisions of the Atomic Energy Act of 1954, a s amended c. The term "Restricted 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 declassified or removed from the Restricted Data category pursuant to section 142 of the Atomic Energy Act of 1954, as amended, I n connection with the contract activities,the contractor agrees t o comply with all regulations or requirements of the Commission relating to Soviet-bloc countries as identified by the AEC regulat ions or requirements. a . The Contractor (i) agrees that the Commission shall determine the disposition of the title to and the rights under any copyright secured by the Contractor or its employees on copyrightable material first produced or composed and delivered tothe Government under this contract and (ii) hereby grants to the Government a …