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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />failure of the Recipient to disclose or elect within the specified times. <br /> <br />(2) In those countries in which the Recipient fails to file patent applications <br />within the times specified in (c) above; provided, however, that if the Recipient has <br />filed a patent application in a country after the times specified in (c) above, but <br />prior to its receipt of the written request of the Bureau of Reclamation, the <br />Recipient shall continue to retain title in that country. <br /> <br />(3) In any country in which the Recipient decides not to continue the <br />prosecution of any application for, to pay the maintenance fees on, or defend in <br />reexamination or opposition proceeding on, a patent on a subject invention. <br /> <br />(e) Minimum Rights to Recipient and Protection of the Recipient Right to File <br /> <br />(1) The Recipient will retain a nonexclusive royalty-free license throughout the <br />world in each subject invention to which the Government obtains title, except if the <br />Recipient fails to disclose the invention within the times specified in (c), above. <br />The Recipient's license extends to its domestic subsidiary and affiliates, if any, <br />within the corporate structure of which the Recipient is a party and includes the <br />right to grant sublicenses of the same scope to the extent the Recipient was <br />legally obligated to do so at the time the agreement was awarded. The license is <br />transferable only with the approval of the Bureau of Reclamation except when <br />transferred to the successor of that party of the Recipient's business to which the <br />invention pertains. <br /> <br />(2) The Recipient's domestic license may be revoked or modified by the Bureau <br />of Reclamation to the extent necessary to achieve expeditious practical <br />application of the subject invention pursuant to an application for an exclusive <br />license submitted in accordance with applicable provisions at 37 CFR part 404 <br />and Bureau of Reclamation licensing regulations (if any). This license will not be <br />revoked in that field of use or the geographical areas in which the Recipient has <br />achieved practical application and continues to make the benefits of the invention <br />reasonably accessible to the public. The license in any foreign country may be <br />revoked or modified at the discretion of the Bureau of Reclamation to the extent <br />the Recipient, its licensees, or the domestic subsidiaries or affiliates have failed to <br />achieve practical application in that foreign country. <br />(3) Before revocation or modification of the license, the Bureau of Reclamation <br />will furnish the Recipient a written notice of its intention to revoke or modify the <br />license, and the Recipient will be allowed thirty days (or such other time as may <br />be authorized by the Bureau of Reclamation for good cause shown by the <br />Recipient) after the notice to show cause why the license should not be revoked <br />or modified. The Recipient has the right to appeal, in accordance with applicable <br />regulations in 37 CFR part 404 and Bureau of Reclamation regulations (if any) <br />concerning the licensing of Government-owned inventions, any decision <br />concerning the revocation or modification of the license. <br /> <br />(f) Recipient Action to Protect the Government's Interest <br /> <br />(1) The Recipient agrees to execute or to have executed and promptly deliver <br /> <br />22 <br />