WMOD00269 ‎(2)‎

• Contract/Permit #: 02FC810810
• Title: Weather Damage Modification Program for Cooperative Weather Research between States and the US Department of Interior, Bureau of Reclaimation
• Date: 11/19/2002
• Weather Modification - Doc Type: Report

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(h) Reporting on Utilization of Subject Inventions

The Recipient agrees to submit on request periodic reports no more frequently
than annually on the utilization of a subject invention or on efforts at obtaining
such utilization that are being made by the Recipient or its licensees or assignees.
Such reports shall include information regarding the status of development, date
of first commercial sale or use, gross royalties received by the Recipient, and
such other data and information as the Bureau of Reclamation may reasonably
specify. The Recipient also agrees to provide additional reports as may be
requested by the Bureau of Reclamation in connection with any march-in
proceeding undertaken by the Bureau of Reclamation in accordance with
paragraph 0) of this provision. As required by 35 U.S.C. 202(c)(5), the Bureau of
Reclamation agrees it will not disclose such information to persons outside the
government without permission of the Recipient.

(i) Preference for United States Industry

Notwithstanding any other part of this provIsion, the Recipient agrees that
neither it nor any assignee will grant to any person the exclusive right to use or
sell any subject inventions in the United States unless such person agrees that
any products embodying the subject invention or produced through the use of the
subject invention will be manufactured substantially in the United States.
However, in individual cases, the requirement for such an agreement may be
waived by the Bureau of Reclamation upon a showing by the Recipient or its
assignee that reasonable but unsuccessful efforts have been made to grant
licenses on similar terms to potential licensees that would be likely to manufacture
substantially in the United States or that under the circumstances domestic
manufacture is not commercially feasible.

0) March-in Rights

The Recipient agrees that with respect to any subject invention in which it has
acquired title, the Bureau of Reclamation has the right in accordance with the
procedures in 37 CFR 401.6 and any supplemental regulations of the Bureau of
Reclamation to require the Recipient, an assignee or exclusive licensee of a
subject invention to grant a nonexclusive, partially exclusive, or exclusive license
in any field of use to a responsible applicant or applicants, upon terms that are
reasonable under the circumstances, and if the Recipient, assignee, or exclusive
licensee refuses such a request the Bureau of Reclamation has the right to grant
such a license itself if the Bureau of Reclamation determines that:

(1) Such action is necessary because the Recipient or assignee has not taken,
or is not expected to take within a reasonable time, effective steps to achieve
practical application of the subject invention in such field of use.

(2) Such action is necessary to alleviate health or safety needs which are not
reasonably satisfied by the Recipient, assignee or their licensees;

(3) Such action is necessary to meet requirements for public use specified by

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