Supplemental Agreement - Contract No. at-(40-1)-2731, University of Texas, Modification No. 3

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THIS SUPPLEMENTAL AGREEMENT, entered into this "t' day of ..1-.e 8 1963, effective as of the 1st day of my, 1963, by and between the UNITED STATES OF AMERICA (here in after referred to as the lvGovernmentll), a s represented by the UNITED STATES ATOMIC ENERGY COMMISSION (here in after referred to as the lvCommissionll), and t h e UNIVERSITY OF TEXAS (SOUTHWESTERN MEDICAL SCHOOL) (hereinafter referred to as the WHEREAS, the parties here to have heretofore entered into Contract No. AT-(#-1)-2731 and Modifications there to numbered 1 and 2 providing for the Contractor ' s performance of certain research; and WHEBEAS, the parties desire to further amend the contract to (a)the continuance of this research and/or t h eprovide for: ditions of certain provisions thereof i n accordance with current applicable rules and regulations of the Commission; and (c)asa result there of, restate the provisions of this contract as of the effective date of this Supplemental Agreement; and WHEREAS, this Supplemental Agreement i s authorized by law, including the Atomic Energy Act of 1954; NOW, THEREFORE, the parties do mutually agree that the contract(including its Appendices), a s amended, is hereby revised t o 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 l1A1* attached here to and made apart hereof, endeavor t o procure the items that may be listed under I11 of said Appendix tfA11, and therewith perform to the best of its ability the research provided forin Appendix rlA1l and report thereon pursuant tothe provisions of this contract. 2. This work shall be conducted under the direction of Dr. Joseph R. Rubinf and Dr. Henry Lanz o r such other member of the Contractor's staff as may be mutually satisfactory to the parties.

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ARTICLE I1 - THE PERIOD FOR PERFORMANCE The period for performance under this contracts hall expire on April 30, 1964; provided, however, that this period may b e extended for additional periods by the mutual written agreement of the parties. In full consider atl on of the Contractor ' s performance hereunder for the period commencing on May 1, 1963, and expiring on April 30, 1964, the Commission shall pay the Contractor the sum of $2,778.00. ARTICLE I V THE REMAINING CONTRACT PROVISIONS Appendices "A" and ttBt' set forth the other provisions of this I N WITNESS WHEREOF, the parties have executed this Supplemental UNITED STATES OF AMERICA BY: UNITED STATES ATOMIC ENE VY COM MW N

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, SOUTHWESTERN MEDICAL SCHOOL CONTRACT NO. AT-(40-1)-2731 For the Contract Period May 1, 1963 through April 30, 1964. A - I RESEARCH To BE PERFORMED BY CONTRACTOR The Contractor will continue t o conduct research on the radio biological significance of beta-aminoisobutyric acid (BAIBA). An evaluation of BAIBA excretion in Irradiated dogs will be made and an attempt will be made to collect and analyze data on patients having diseases such asthe various leukemias, lupus e ry th re matos is, polycythemia vera, pye lo nephritis, and post - viral lymphocytosis, which may be expected t o have an effect on BAIBA excretion o Work will be directed at the investigation of the possibility that BAIBA excretion arises not from deoxyribinucleic acid (DNA) degradation but from defects in DNA A - I 1 APPROXIMATE LEVEL OF RESEARCH EFFORT Contractor Personnel: Z of time Premises, Facilities, and Materials t o be Furnished A fully equipped isolated electrophoresis room for quantitative analysis of BAIBA and other amino acids as well a s numerous compounds present in biological fluids will be available to the project. The Veterans Administration Hospital and Parkland Hospital of Dallas, Texas, will be a source of patient material. These are teaching hospitals of the University of Texas Southwestern Medical School, Facilities are available for the recording of patient data and the collection and storage of urine samples. A large freezer is available for the storage of urine. Other equipment available include an autoanalyzer with attachment, a well ventilated hood for spraying paper strips with ninhydrin, for irradiation of dogs. EQUIPMENT To BE PURCHASED OR FABRICATED BY CONTRACTOR EQUIPMENT TITLE TO WHICH IS TO REMAIN W I T H GOVERNMENT Substantial deviations from the foregoing shall be discussed with and subject to the written approval of the Comniselon.

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1. The term nCommission" mans the United States Atonic Energy Co mission or an;? duly authorized r opr as mist ive there - of, including the Contracting Cff ice r except for the purpose of deciding an appeal under the article entitled llDisputes.ll cut ing this contract oa behalf of the Governinent and includes his successors o r any duly authorized representative of any ARTICLE B-I1 - II SPEC TIC i ; BEFCRTS RECSRDS AND ACCOUNTS 1. The Conmission shall have the right to inspect,in such manner and atall reasonable times a s it deems appropriate, all activities of the Contractor arising in the course of its activities under this cori tract. 2 . The Contractors hall make progress and other reports i n such manner and at such tines as specified in Article 3-XX. The Contractor shall also mlre such other repcrts tothe Commission, with respect t o its activities u ider this cm tract,as the Commission may reasonably require from tii.1.e t o tine. A copy of each article subi;litted b y the Contractor for publication shall be promptly sent to the Comnission and the Contractor shall furnish the Co mission with are print when the article is 3 . The Contractor agrees to keep records and books of account, i n accordance with generally accepted accounting pri ncl - ples and practices,covering its costs and expenditures for the research work under this contract.

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4 . The Commission shall at all reasonable times be a f - forded access to the premises and to these books and records and to related correspondence, receipts, vouchers, memoranda, and other data of the ContracLor; and the Contractors hall preserve such books and papers, without additional compensation there for,fora 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 " Restricted Data" as defined in the Atomic Energy Act of 1954, or other classified information, shall be disclosed such information will not adversely affect the patent interest of the Commission, such in for nations hall 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 fora period of four(4) months after submission of the information to the Co mission for patent review and possible patent application,unless the Commission approves earlier release, Any publications hall indicate that the research was supported by t h e Conmission. In order that public disclosure of 1. It i s muttrally expected that the activities under this contract will not involve Xe strict ed Data or other classified information o r material. It is understood, however, that if in the opinion of either party tLis expectation changes prior to the expiration or terni nation of all activities under this contracts said party shall notify the other party accordingly in writing without delay,In any event,the Contractors hall classify, safeguard, and otherwise act with respect to all Re - strict ed Data and other classified information and material,in accordance with applicable law and the requirements of the Commission, and shall promptly inform the Commission in writing if and when Restricted Data or other classified information o r materi al becomes involved. I f and when Restricted Data or other classified information or material becones involved, or in the mutual judgment of the parties it appears likely that Restricted Data or other classified in for nation or material may become i n - volved, the Contractor shall have the right to terminate performance of the work under this contract and In such event the provisions of this contract respecting termination for the convenience of the Government shall apply. 2 . The Contractor shall not pemit any individual to have access to Restricted Data, or other classified information,

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except i n accordance with the Atomic Energy Act of 1954, a s amended, and the Co mission fs regulations or requirements, 3 . The term ''Restricted Data" a s used in this article means all data concerning the design, manufacture, or utilization of atomic weapons, the production of special nuclear material,orthe 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 1. The Contractor is solely responsible for the conduct of 2. Attention is directed to the fact that, among other legal requirements that may Se applicable to the condtlct of the work, the Contractor will be obliged to satisfy all of the Commission's regula tory requirements (including those pertaining to the obtainment of Co mission licenses)that may be pertinent. The Contractor agrees that,unless the Co missions hall give its prior written approval, the Contractors hall not use any of the funds provided by the Conmission under this contract to pay the stipend of any appointment for which come n surat e services are not rendered under this contractor to pay any part of the stipend of a fellowship of any kind. 1. The Contractor hereby grants to the Government a royalty - free, nonexclusive, irrevocable license to reproduce, translate, publish, use and dispose of, and to authorize others to do so, all copyrightable material produced o r composed or delivered to the Government or its design ees under this contract,including work not first produced o r composed by the Contractor in the course of performance under this contract but incorporated in the naterial produced o r composed or delivered under this co c tract(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 wit!iout becoming liable to pay compensation to 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

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include i n any report or other mtc rial delivered cndcr t!iis contract,orin any published mter i al relating to the work under this contract, any copyrighted z ate rial owned by others which such owners have not consented t o have so included. 3 . iinything i n tliis article or otherwise in this contract nc t with stan diaz,the Com.iission shall have the right to inspect, use, and Lave used by otliers, and to publish and have published atits convenience, any written nat c rial first produced o r conposed under this contract. advance of the Contractor's Fub li cation without Fri or consultat ion with the Contractor. The Co mission will not publish i n 1. Whenever any invention or discovery is made o r conceived by the Contractor or its employees in the course of,or under the terms of this contract,the Contractors hall furnish the Commission with complete in for nation there on ; and the Commission shall have the sole power to deter nine w!iether ornot and where a patent applications hall be Piled, and to deter nine the disposition of the title to and rights under any application or patent that may result. The judgment of the Commission on these ratters shall be accepted as final ; and the Contractor,for itself and for its enployees, agrees that the inventor or inventors will execute all documents and do all things necessary or proper to carry out the judgment of t h e Commission. 2. ii'o c la in for pecuniary award o r compensation under the provisions of the Atonic Energy Acts of 1946 and 1954 shall Le asserted by the Contractor orits enployees with respect to any invention o r discovery made o r conceived inthe course of, o r under the terms of this contract. 3 . Except a s otherwise authorized in writing by the Conmission, the Contractor will obtain patent a green ents to effect u - ate 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 nanual labor personnel a s will not have access to technical data. 4. Except a s otherwise authorized in writing by the Commissicn, the Contractor will insert in all subcontracts and purchase orders,other than purchase orders for standard commercial items, provisions making this article applicable to the subcontract orthe purchase order. The Contractor will insert in purchase orders for standard conner cia l itens a provision indernnifying the Government against liability for the use of any invention

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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 G0vernmer.t of items rnandfactured o r supplied under the purchase 1. Except a s otherwise provided in this paragraph 1orin and equipment purchased or ocherwise acquired by the Contractor i n the performance of its research activities shall be and remain i n the Contractor. Except as otherwise agreed in writing,title to any items of property listed as%over m nt propertyt1 shall pass directly to the Government; such property shall be subject to paragraphs 2,3,4 and 5 of this Article B - VIII, Contractor,the Government may furnish the Contractor items of equipment, materials,supplies,or facilities for use by the Contractor in the performance of the contract work; title to these items shall rem in in the Cover ment unless otherwise agreed i n writing. Such itens of property, and the items of property listed elsewhere in this contract as Government property, are here in after referred to as “Government property.lt Title to Government property shall not be affected by the incorporation or attach nen t thereof t o any property not owned by the Government nor shall any such property, o r any part there of, be o r become a fixture or lose its identity as personal ty by reason of af fixation to any realty. Subject t o the mutual agreement of the Commission and the 3 . To the extent practicable,the Contractor shall cause all items of Government property co be suitably marked with an ident i - fying mark or synbol indicating that the items are the property of the Government. The Contractor shall maintain atall times and ina manner satisfactory to the Commission records showing the use and disposition of Government property, and, unless otherwise authorized in writing by the Co mission,shall use Governnent property only for the purposes of this contrac;. Such records shall be subject to Commission inspection at all reasonable times and the Comnission shall at all reasonable tines have access to the premises wherein any items of Government property are located. …