United States and foreign patents or applications for patents owned or controlled by the Contractor covering patentable discoveries or inventions heretofore or hereafter made and concerned with or resulting from the subject work and not attributable in any way to information disclosed hereunder to the Contractor. The Contractor hereby grants to the Government a nonexclusive, irrevocable, royalty-free license, to make, have made, and use, for military, naval, and national defense púrposes, and to sell or otherwise dispose of in accordance with law, material, substances, articles, or apparatus, and to use processes, embodying the subject matter of any or all patent rights covered by this paragraph (a). (b) The Contracting Officer shall determine whether or not discoveries or inventions hereafter made are attributable in whole or in part to information disclosed hereunder to the Contractor. Whenever any patentable discovery or invention which is attributable in whole or in part to information disclosed hereunder to the Contractor is made by the Contractor, its employees, or other persons working under its direction, in the course of the subject work, the Contracting Officer shall have the sole power to determine whether or not a patent application shall be filed, and to determine, as between the Contractor and the persons, corporations or other organizations which contributed the information to which the patentable discovery or invention is attributable in whole or in part, the disposition of the title to and the rights, including without limitation licenses, royalty-free or otherwise, under any application or patent, United States or foreign, that may result; Provided, That the Government shall be granted a non-exclusive, irrevocable, royaltyfree license, to make, have made, and use, for military, naval, and national defense purposes, and to sell or otherwise dispose of in accordance with law, material, substances, articles, or apparatus, and to use processes, embodying the subject matter of any or all patent rights covered by this paragraph (b); Provided, further, That the Contracting Officer shall retain the right to require the patentee to grant, subject to the payment of royalties at reasonable rates to be determined by the patentee but not in excess of five per cent (5%) of the lowest net wholesale price of penicillin or a therapeutic equivalent charged by the licensee, to persons, corporations or other organizations designated by the Contracting Officer, non-exclusive licenses to make, have made, use, sell or otherwise dispose of, material, substances, articles or apparatus, and to use processes, embodying the subject matter of any or all patent rights covered by this paragraph (b). (c) The judgment of the Contracting Officer on matters to be determined under this Article shall be accepted as final, and the Contractor, for itself, its employees, and other persons working under its direction, agrees that the inventor or inventors will execute all documents and do all things necessary or proper to carry out the judgment of the Contracting Officer. (d) Any and all licenses granted under the provisions of this Article shall be restricted to the manufacture, use, sale or other disposition of penicillin or a therapeutic equivalent. (e) The Contracting Officer shall recommend to the Commissioner of Patents any modification necessary to carry out the provisions of this Article of any secrecy orders issued against applications for patents covered by this Article. ARTICLE 4. Security Provisions. (a) During the continuance of the present unlimited National Emergency, the Contractor shall not disclose any information concerning this contract or obtained as a result of the performance of its undertakings hereunder to any person, except employees assigned to such work, without the written consent of the Contracting Officer or an authorized representative. Subsequent to the termination of such Emergency, disclosure of such information shall be governed by the applicable laws and regulations governing the disclosure of classified information. Disclosure of information concerning this contract or such work to any person not entitled to receive it, or failure to safeguard all such classified matters within the Contractor's control, may subject the Contractor, its employees and subcontractors to criminal liability under the laws of the United States, including (i) 50 U.S.C. Chap. 4, (ii) 50 U.S.C. 45-45d, as supplemented by Executive Order 8381, dated March 22, 1940, and (iii) 35 U.S.C., 42c. (b) The Contractor shall immediately submit a confidential report to the Contracting Officer whenever for any cause it has reason to believe that there is an active danger of espionage or sabotage affecting any of the subject work. (c) The Contractor shall not employ any alien on or permit any alien to have access to the subject work or any plans, specifications or records relating to its undertakings hereunder without the written consent of the Contracting Officer as to each such alien. (d) The Contractor, whenever requested by the Contracting Officer or an authorized representative, shall report to the Contracting Officer the citizenship, country of birth or alien status of any or all of its employees at the site of or having access to any of the subject work. (e) The Contractor shall not employ or continue to employ on, and shall exclude from the site of, any of the subject work any person or persons designated in writing by the Contracting Officer or an authorized representative for cause as undesirable to have access to such work. ARTICLE 5. Public Policy Provisions. (a) The Contractor warrants that it has not employed any person to solicit or secure this contract upon any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give the Government the right to annul the contract or, in its discretion, to deduct from the contract price or consideration the amount of such commission, percentage, brokerage or contingent fee. This warranty shall not apply to commissions payable by the Contractor upon contracts or sales secured or made through bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. (b) No Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. (c) The Contractor shall not discriminate in any act performed hereunder against any person on the ground of race, creed, color or national origin, and shall include such provision in each subcontract. ARTICLE 6. Disputes. All disputes concerning questions of fact arising hereunder shall be decided by the Contracting Officer, and his decisions and findings thereon shall be binding on the Contractor. IN WITNESS WHEREOF, the Government and the Contractor have caused this contract to be signed and sealed, intending to be legally bound thereby. THE UNITED STATES OF AMERICA I have the honour to acknowledge your Note of today's date informing me that the Government of the United States of America is prepared to conclude with the Government of the United Kingdom of Great Britain and Northern Ireland an agreement on the principles applying to the exchange of information looking to the synthesis of penicillin, in accordance with the text enclosed therewith. 2. On instructions from His Majesty's Principal Secretary of State for Foreign Affairs, I have the honour to state that the terms of agreement contained in the text enclosed with your Note are acceptable to the Government of the United Kingdom and that, in accordance with the suggestion made in the third paragraph of your Note, the Government of the United Kingdom considers the agreement as concluded between the two Governments on this date. 3. By virtue of Article VI thereof, the agreement is deemed to have become effective on December 1, 1943, and with particular reference to the provisions in Article II, it is the understanding of the Government of the United Kingdom that the agreement confirms and finalizes the terms on which, during the period December 1, 1943, to October 31, 1945, inclusive, scientific information pertaining to the purification, structure, or synthesis of pencillin, or a therapeutic equivalent, has been interchanged to the same extent as though the agreement had been concluded and brought into force on the date of the commencement of that period. I have the honour to be, with the highest consideration, Sir, The Honourable DEAN ACHESON, Acting Secretary of State of the United States, HALIFAX 308-581-7447 AIR TRANSPORT SERVICES Agreement, with annex, signed at Bermuda February 11, 1946 3 Amended by agreements of December 20, 1946, and January 27, 1947;1 May 21 and 23, 1947;2 January 14, 1948; August 4 and 16, 1955; October 17 and 30, 1956; December 2 and 28, 1956; * and May 27, 1966' 4 5 60 Stat. 1499, Treaties and Other International Acts Series 1507 AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE UNITED KINGDOM RELATING TO AIR SERVICES BETWEEN THEIR RESPECTIVE TERRITORIES The Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, Desiring to conclude an Agreement, for the purpose of promoting direct air communications as soon as possible between their respective territories, Have accordingly appointed authorised representatives for this purpose, who have agreed as follows: ARTICLE 1 Each Contracting Party grants to the other Contracting Party rights to the extent described in the Annex to this Agreement for the purpose of the establishment of air services described therein or as amended in accordance with Section IV of the Annex (hereinafter referred to as "the agreed services"). ARTICLE 2 (1) The agreed services may be inaugurated immediately or at a later date at the option of the Contracting Party to whom the rights are granted, |