Common use of ENTIRE CRADA, MODIFICATIONS, ADMINISTRATION TERMINATION, AND NO EXCLUSIVITY Clause in Contracts

ENTIRE CRADA, MODIFICATIONS, ADMINISTRATION TERMINATION, AND NO EXCLUSIVITY. A. This CRADA with its annexes contains the entire agreement between the Parties with respect to the subject matter hereof, and all prior representations or agreements relating hereto have been merged into this document and are thus superseded in totality by this CRADA. B. Any agreement to materially change any terms or conditions of this CRADA or the annexes shall be valid only if the change is made in writing, executed by the Parties hereto, and approved by DOE. C. The Contractor enters into this CRADA under the authority of its prime contract with DOE. The Contractor is authorized to and will administer this CRADA in all respects unless otherwise specifically provided for herein. Administration of this CRADA may be transferred from the Contractor to DOE or its designee with notice of such transfer to the Participant, and the Contractor shall have no further responsibilities except for the confidentiality, use and/or nondisclosure obligations of this CRADA. D. This CRADA may be terminated by either Party upon thirty (30) days written notice to the other Party. If Article II provides for advance funding, the Contractor may also terminate its participation in this CRADA in the event of failure by the Participant to provide the necessary advance funding. In the event of termination by either Party, each Party shall be responsible for its share of the costs incurred through the effective date of termination, as well as its share of the costs incurred after the effective date of termination, and which are related to the termination. The confidentiality, use, and/or non-disclosure obligations of this CRADA shall survive any termination of this CRADA, as well as provisions of this CRADA which would naturally survive termination or expiration of this CRADA. E. Subject to the provisions contained herein, this CRADA shall not restrict a Party to this CRADA from discussing or performing similar work with a third party. FOR CONTRACTOR: BY TITLE DATE FOR PARTICIPANT: BY TITLE DATE

ENTIRE CRADA, MODIFICATIONS, ADMINISTRATION TERMINATION, AND NO EXCLUSIVITY. A. This CRADA with its annexes contains the entire agreement between among the Parties with respect to the subject matter hereof, and all prior representations or agreements relating hereto have been merged into this document and are thus superseded in totality by this CRADAStatement of Work. B. Any agreement to materially change any terms or conditions of this CRADA or the annexes shall be valid only if the change is made in writing, executed by the Parties hereto, and approved by DOE. C. The Contractor enters Contractors enter into this CRADA under the authority of its their prime contract contracts with DOE. The Contractor is Contractors are authorized to and will administer this CRADA in all respects unless otherwise specifically provided for herein. Administration Any Contractor’s administration of this CRADA may be transferred from the that Contractor to DOE or its designee with notice of such transfer to the ParticipantParties, and the that Contractor shall have no further responsibilities except for the confidentiality, use and/or nondisclosure obligations of this CRADA. D. This Any Party may terminate its participation in this CRADA may be terminated by either Party upon thirty (30) days written notice to the all other PartyParties. If Article II provides for advance funding, the any Contractor may also terminate its participation in this CRADA in the event of failure by the a Participant to provide the necessary advance fundingfunding to/for such Contractor. If a Participant or a Contractor terminates its participation in this CRADA, the CRADA will continue in force and effect as to the remaining Parties unless they otherwise terminate this CRADA. In the event of termination by either Partyany Party as to its participation in this CRADA, each Party shall be responsible for its share of the costs incurred through the effective date of terminationsuch termination of participation, as well as its share of the costs incurred after the effective date of terminationtermination of its participation, and which are related to the terminationsuch termination of participation. The confidentiality, use, and/or non-disclosure obligations of this CRADA shall survive any termination of this CRADA, whether in whole or just as to one or more Parties, as well as provisions of this CRADA which would naturally survive termination or expiration of this CRADA. E. Subject to the provisions contained herein, this CRADA shall not restrict a Party to this CRADA from discussing or performing similar work with a third party. FOR 1st CONTRACTOR: BY TITLE DATE FOR PARTICIPANT2nd CONTRACTOR: BY TITLE DATE FOR 3rd CONTRACTOR: BY TITLE DATE FOR [PARTICIPANT NAME]: BY TITLE DATE FOR [PARTICIPANT NAME]: BY TITLE DATE FOR [PARTICIPANT NAME]: BY TITLE DATE A. NON-PROPRIETARY ABSTRACT B. PURPOSE

ENTIRE CRADA, MODIFICATIONS, ADMINISTRATION TERMINATION, AND NO EXCLUSIVITY. A. This CRADA with its annexes contains the entire agreement between the Parties with respect to the subject matter hereof, and all prior representations or agreements relating hereto have been merged into this document and are thus superseded in totality by this CRADA. B. Any agreement to materially change any terms or conditions of this CRADA or the annexes shall be valid only if the change is made in writing, executed by the Parties hereto, and approved by DOE.. Example C. The Contractor enters Contractors enter into this CRADA under the authority of its their prime contract with DOE. The Contractor is Contractors are authorized to and will administer this CRADA in all respects unless otherwise specifically provided for herein. Administration Any Contractor’s administration of this CRADA may be transferred from the that Contractor to DOE or its designee with notice of such transfer to the Participant, and the that Contractor shall have no further responsibilities except for the confidentiality, use and/or nondisclosure obligations of this CRADA. D. This Any Party may terminate its participation in this CRADA may be terminated by either Party upon thirty (30) days written notice to the toall other PartyParties. If Article II provides for advance funding, the any Contractor may also terminate its participation in this CRADA in the event of failure by the Participant to provide the necessary advance fundingfunding to/for such Contractors. If Participant terminates its participation in this CRADA, such termination will also terminate this CRADA in whole. If a Contractor terminates its participation in this CRADA, the CRADA will continue in force and effect as to the Participant and the remaining Contractors unless they otherwise terminate this CRADA. In the event of termination by either Partyany Party as to its participation in this CRADA, each Party shall be responsible for its share of the costs incurred through the effective date of terminationsuch termination of participation, as well as its share of the costs incurred after the effective date of terminationtermination of its participation, and which are related to the terminationsuch termination of participation. The confidentiality, use, and/or non-disclosure obligations of this CRADA shall survive any termination of this CRADA, whether in whole or just as to one or more Parties, as well as provisions of this CRADA which would naturally survive termination or expiration of this CRADA. E. Subject to the provisions contained herein, this CRADA shall not restrict a Party to this CRADA from discussing or performing similar work with a third party. FOR 1st CONTRACTOR: BY TITLE DATE FOR 2nd CONTRACTOR: BY TITLE DATE Example FOR PARTICIPANT: BY TITLE DATE

ENTIRE CRADA, MODIFICATIONS, ADMINISTRATION TERMINATION, AND NO EXCLUSIVITY. A. This CRADA with its annexes contains the entire agreement between the Parties with respect to the subject matter hereof, and all prior representations or agreements relating hereto have been merged into this document and are thus superseded in totality by this CRADAStatement of Work. B. Any agreement to materially change any terms or conditions of this CRADA or the annexes shall be valid only if the change is made in writing, executed by the Parties hereto, and approved by DOE. C. The Contractor enters into this CRADA under the authority of its prime contract with DOE. The Contractor is authorized to and will administer this CRADA in all respects unless otherwise specifically provided for herein. Administration of this CRADA may be transferred from the Contractor to DOE or its designee with notice of such transfer to the Participant, and the Contractor shall have no further responsibilities except for the confidentiality, use and/or nondisclosure obligations of this CRADA. D. This CRADA may be terminated by either Party upon thirty (30) days written notice to the other Party. If Article II provides for advance funding, the Contractor may also terminate its participation in this CRADA in the event of failure by the Participant to provide the necessary advance funding. In the event of termination by either Party, each Party shall be responsible for its share of the costs incurred through the effective date of termination, as well as its share of the costs incurred after the effective date of termination, and which are related to the termination. The confidentiality, use, and/or non-disclosure obligations of this CRADA shall survive any termination of this CRADA, as well as provisions of this CRADA which would naturally survive termination or expiration of this CRADA. E. Subject to the provisions contained herein, this CRADA shall not restrict a Party to this CRADA from discussing or performing similar work with a third party. FOR CONTRACTOR: BY TITLE DATE FOR PARTICIPANT: BY TITLE DATE

ENTIRE CRADA, MODIFICATIONS, ADMINISTRATION TERMINATION, AND NO EXCLUSIVITY. A. This CRADA with its annexes contains the entire agreement between the Parties with respect to the subject matter hereof, and all prior representations or agreements relating hereto have been merged into this document and are thus superseded in totality by this CRADA. B. Any agreement to materially change any terms or conditions of this CRADA or the annexes shall be valid only if the change is made in writing, executed by the Parties hereto, and approved by DOE. C. The Contractor enters into this CRADA under the authority of its prime contract with DOE. The Contractor is authorized to and will administer this CRADA in all respects unless otherwise specifically provided for herein. Administration of this CRADA may be transferred from the Contractor to DOE or its designee with notice of such transfer to the Participant, and the Contractor shall have no further responsibilities except for the confidentiality, use and/or nondisclosure obligations of this CRADA. D. This CRADA may be terminated by either Party upon thirty (30) days written notice to the other Party. If Article II provides for advance funding, the Contractor may also terminate its participation in this CRADA in the event of failure by the Participant to provide the necessary advance funding. In the event of termination by either Party, each Party shall be responsible for its share of the costs incurred through the effective date of termination, as well as its share of the costs incurred after the effective date of termination, and which are related to the termination. Example The confidentiality, use, and/or non-disclosure obligations of this CRADA shall survive any termination of this CRADA, as well as provisions of this CRADA which would naturally survive termination or expiration of this CRADA. E. Subject to the provisions contained herein, this CRADA shall not restrict a Party to this CRADA from discussing or performing similar work with a third party. FOR CONTRACTOR: BY TITLE DATE FOR PARTICIPANT: BY TITLE DATE

ENTIRE CRADA, MODIFICATIONS, ADMINISTRATION TERMINATION, AND NO EXCLUSIVITY. Commented [BM6]: Since we have a separate, multiparty NDA for each HydroGen participant that we want to remain enforceable, I’ve deleted the supersede language from the CRADA. A. This CRADA with its annexes contains the entire agreement between among the Parties with respect to the subject matter hereof, and all prior representations or agreements relating hereto have been merged into this document and are thus superseded in totality by this CRADAStatement of Work. B. Any agreement to materially change any terms or conditions of this CRADA or the annexes shall be valid only if the change is made in writing, executed by the Parties hereto, and approved by DOE. C. The Contractor enters Contractors enter into this CRADA under the authority of its their prime contract contracts with DOE. The Contractor is Contractors are authorized to and will administer this CRADA in all respects unless otherwise specifically provided for herein. Administration Any Contractor’s administration of this CRADA may be transferred from the that Contractor to DOE or its designee with notice of such transfer to the ParticipantParties, and the that Contractor shall have no further responsibilities except for the confidentiality, use and/or nondisclosure obligations of this CRADA. D. This Any Party may terminate its participation in this CRADA may be terminated by either Party upon thirty (30) days written notice to the all other PartyParties. If Article II provides for advance funding, the any Contractor may also terminate its participation in this CRADA in the event of failure by the Participant to provide the necessary advance fundingfunding to/for such Contractor. If Participant terminates its participation in this CRADA, such termination will also terminate this CRADA in whole. If a Contractor terminates its participation in this CRADA, the CRADA will continue in force and effect as to the Participant and the remaining Contractors unless they otherwise terminate this CRADA. In the event of termination by either Partyany Party as to its participation in this CRADA, each Party shall be responsible for its share of the costs incurred through the effective date of terminationsuch termination of participation, as well as its share of the costs incurred after the effective date of terminationtermination of its participation, and which are related to the terminationsuch termination of participation. The confidentiality, use, and/or non-disclosure obligations of this CRADA shall survive any termination of this CRADA, whether in whole or just as to one or more Parties, as well as provisions of this CRADA which would naturally survive termination or expiration of this CRADA. E. Subject to the provisions contained herein, this CRADA shall not restrict a Party to this CRADA from discussing or performing similar work with a third party. FOR 1st CONTRACTOR: BY TITLE DATE FOR 2nd CONTRACTOR: BY TITLE DATE FOR 3rd CONTRACTOR: BY TITLE DATE FOR PARTICIPANT: BY TITLE DATE A. NON-PROPRIETARY ABSTRACT B. PURPOSE