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Declassified record · U.S. Department of Energy

Supplemental Agreement - Contract No. at-(40-1)-3013, University of North Carolina, Modification No. 2

Dated
Jun 8, 1964
Document type
Legal document
Length
60 pages
Open the original scanArchive record OSTI ID 16296377 · public domain

Document text

Machine-read from the scan, so expect some errors. Lines that couldn’t be read are left out.

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THIS SUPPLEMENTAL AGREEMENT, entered into this -'-?'-! day of 1964, by and between the UNITED STATES OF AMERICA (here in after referred t o as the "Government"), as represented by the UNITED STATES ATOMIC ENERGY COMMISSION (here in after referred to as the "Commission"), and UNIVERSITY OF NORTH CAROLINA (here in after referred to as the "Contractor"); WHEREAS, the parties here to have heretofore entered into Contract No. AT-(40-1)-3013 and modification there to numbered 1providing for the Contractor ' s performance of certain research ; and WHEREAS, the parties desire to amend the contract further to provide for : (a)the continuance of this research and/or the performance of visions there of in accordance with current applicable rules and re gul a - tions of the Commission; and (c)as a result there of,restate the provisions of this co c tract as of the effective date of this Supplemental WHEREAS, this Supplemental Agreement is authorized by law,including the Atomic Energy Act of 1954; NOW, THEREFORE, the parties do mutually agree that the contract (including its Appendices), as amended, i s hereby revised to read as ARTICLE I - THE RESEARCH TO BE PERFORMED (a) The Contractors hall furnish personnel,facilities, equipment, materials, and supplies substantially to the extent set forth in Appendix "A", attached here to and made apart here of, endeavor to procure or fabricate the items specified in A - I11 of said Appendix "A", and there - with perform to the best of its ability the research provided forin Appendix "A" and report there on pursuant to the provisions of this contract. Substantial deviations from the foregoing shall be discussed with and subject to the written approval of the Commission. (b) This work shall be conducted under the direction of Dr. Edward Glassman or such other member of the Contractor ' s staff as may be mutually satisfactory to the parties.

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The period for performance under this contracts hall expire on May 14, 1965; provided, however, that this period may b e extended for additional periods by the mutual written agreement of the parties. (a)In full consideration of the Contractor ' s performance hereunder for the period commencing on May 15, 1964, and expiring on May 14, 1965, the Commission shall pay the Contractor the sum of $10,038.00. ARTICLE I V - ADDITIONAL CONTRACT PROVISIONS Appendix "B", attached here to and made apart here of,sets forth additional general contract provisions of this contract. (a) The following items of property to be procured or fabricated by the Contractor are hereby listed as "Government property". None I N WITNESS WHEREOF, the parties have executed this Supplemental UNITED STATES OF AMERICA BY: UNIlXD STATES ATOMIC ENERGY CCMMISSION TITLE: Business Officer & Preasurer

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For the Contract Period May 15, 1964 through May 14, 1965. A-X RESEARCH TO BE PERFORlXD BY CONTRACTOR The Contractor will continue to conduct research on the biochemical and genetic aspects of human patients suffering from i dio pathi c anemias. This research will include such approaches a s (1) attempts at isolation and identification of metabolites excreted by such patients in excessive amounts, (2) development of quantitative tests for these metabolites, (3) examination of urine and other body fluids for the presence of these compounds, and (4)the gathering of addi - t ional data for pedigree analysis in an effort to work out the mode A - I 1 APPROXIMATE LEVEL OF RESEARCH EFFORT *Dr. Edward Glassman, Principal Investigator 20% *It i s recognized that the time to be devoted to the project by these participants will be supported by other sources. (b) Premises, Facilities, and Materials to be Furnished by the Contractor : Adequate laboratory facilities and equipment are available to conduct the proposed biochemical and genetical studies on chronic anemics. Also available area glassware and chemical storeroom, constant temperature rooms, and a dehumidified A - 1 1 1 ITEMS OF EQUIPMENT TO BE PURCHASED OR FABRICATED BY CONTRACTOR

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(a) 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 decid ing an appeal under the article entitled "Disputes." cut ing this contract on behalf of the Government and includes his successors or any duly authorized representative of any such (c) Except a s otherwise provided in this contract the term "subcontracts" includes purchase orders under this contract. ARTICLE B - I 1 - INSPECTION, REPORTS, RECORDS AND ACCOUNTS (a) The Commission 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 act iv i - ties under this contract. (b) The Contractors hall make progress and other reports i n such manner and a t such times as specified in Article B-XXI. The Contractors hall also make such other reports to the Commission, with respect to its activities under this contract,as the Commission may reasonably require from time t o time. (c) The Contractor agrees to keep records and books of account, i n accordance with generally accepted accounting pri nci - ples and practices, covering its costs and expenditures for the research work under this contract. (d) The Commission shall at all reasonable times be afforded access to the premises and to these books and records and t o related correspondence, 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 this contract. ARTICLE B - I 1 1 - PUBLICATION OF RESULTS (a) Research results obtained under this contracts hall be made available to all through normal and accepted channels without restriction except t that no Restricted Data as defined in the

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Atomic Energy Act of 1954 or other classified information shall be disclosed to unauthorized persons. indicate that the research was supported by the Commission. A copy of each article submitted by the Contractor for publication shall be promptly sent to the Commission. The Contractors hall also inform the Commission when the article is published and furnish a copy of the article as finally published. Such publications hall (b) It i s recognized that during the course of the work hereunder o r subsequent there to,the Contractor,its employees, or its subcontractors, may from time to time,desire to publish, within the limit of security requirements, information regarding technical or scientific developments arising in the course of the contract.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 or discovery, which shall 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 in for - mation tothe Commission for patent review and possible patent application,unless the Commission approves earlier release. (a) It i s 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 the other party accordingly in writing without delay. I n any event,the Contractors hall classify, safeguard, and otherwise act with respect to all Restricted Data and other classified information and material, i n accordance with applicable law and the requirements of the Co mission, 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 or material becomes involved, or inthe mutual judgment of the parties it appears likely that Restricted Data or other classified in for - mation or material may become involved, the Contractors hall have the right to terminate performance of the work under this contract and i n such event the provisions of this contract respecting termination for the convenience of the Government shall apply. (b) The Contractor shall not permit any individual to have access to Restricted Data, or other classified information, except i n accordance with the Atomic Energy Act of 1954, a s amended, and the Commission's regulations or requirements.

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The term " Restricted Data" a s used in this article meane concerning the design, manufacture, or utilization of atomic the production of special nuclear material, or the use of special nuclear material in the 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, (a) The Contractor is solely responsible for the conduct of the (b) In instances where the carrying out of the contract work involves a Commission license the provisions of the pertinent license shall prevail over any inconsistent provisions of this contract. The Contractor agrees that,unless the Commission shall give its prior written approval,the Contractor shall not use any of the funds provided by the Commission under this contract to pay the stipend of any appointment for which commensurate services are not rendered under this contract or t o pay any part of the stipend of a fellowship of any <a) 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 or composed by the Contractor in the course of performance under this contract but incorporated inthe 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 or canposed work without becoming liable to pay compensation to others solely because of such grant), (b) The Contractor agrees that, except asthe Commission may other - wise specifically authorize in writing,the Contractor will not include i n any report or other material delivered under this contract, or i n any published material relating to the work under this contract, any copyrighted material owned by others which such owners have not consented t o have so included,

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(c) The Commission will not publish in advance of the Contractor ' s publication without prior consultation with the (a) Whenever any invention or discovery is made o r co,nceived by the Contractor or its employees in the course of or under this contract,the Contractors hall furnish the Commission with complete information there on ; and the Commission shall have the sole power to determine whether ornot 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 may result. 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. The judgment of t h e (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 inthe course of o r under (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 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. (d) Except as otherwise authorized in writing by the Commission 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 or purchase order. Except as otherwise authorized in writing by the Commission, the Contractor will insert in purchase orders for standard commercial items a provision indemnifying the Government against 1i ability for 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 or supplied under the purchase order. (a) Except as otherwise provided in this paragraph (a) and paragraph (b) of this Article B-IX, title to all materials, supplies,

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and equipment purchased or otherwise acquired by the Contractor i n the performance of its research activities shall be and remain inthe Contractor. Except as otherwise agreed in writing,title to any items of property listed as "Government property " .shall pass directly to the Government; such property shall be subject to paragraphs (b),(c), (b)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 in the performance of the contract work; title to these items shall remain inthe Government unless otherwise agreed in writing. of property and the items of property listed elsewhere in this contract a s Government property are here in after referred to as "Government incorporation or attachment thereof t o any property not owned by the Government nor shall any such property, or any part there of,be or become a fixture or lose its identity as personal ty by reason of af fixation to any realty, Title to Government property shall not be affected by the items of Government property to be suitably marked with an identifying mark or symbol indicating that the items are the property of the Government. The Contractors hall 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 Commission, shall use Government property only for the purposes of this contract. Such records shall be subject to Commission inspection at all reasonable times and the Coamission shall at all reasonable times have access to the premises wherein any items of Government property are (d) The Contractors hall promptly notify the Commission of any loss or destruction of or damage t o Government property, It is understood that the Contractor shall not be liable for any such loss, destruct ion,or damage, unless same results from wilful misconduct or lack of good faith on the part of any corporate officer of the Contractor, or of one or more of the Contractor ' s representatives having supervision or direction of all or substantially all of the activities under this contract.If the Contractor is liable for any such loss, destruction, or damage, it shall promptly account there for to the satisfaction of the Commission; if the Contractor is not liable there for, an4 i s indemnified, reimbursed, or otherwise …

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