Difference between revisions of "FAR 52.227-3 - Patent Indemnity"
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{{ContractClause | {{ContractClause | ||
| + | |EffectiveDate=1984/04/01 | ||
| + | |ClauseorProvision=Clause | ||
| + | |ProvisionClauseNumberAlternate=52.227-3 | ||
| + | |Prescribedin=27.201-2(c)(1) | ||
| + | |TypePurposeContract=Fixed Price Service -A; Cost Reimbursement Supply -A; Fixed Price Supply -A; Cost Reimbursement Service -A; Fixed Price Construction -O; Cost Reimbursement Construction -O; Time and Materials/Labor Hour -O; Leasing of Motor Vehicles -O; Dismantling, Demolition, or Removal of Improvements -O; Facilities -O; Indefinite Delivery -A; Simplified Acquisition Procedures -O; Utility Services -O | ||
| + | |ProvisionClauseDescription=- | ||
| + | |FARClauseOverview='''(a)''' The Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as “construction work”) under this contract, or out of the use or disposal by or for the account of the Government of such supplies or construction work. | ||
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| + | '''(b)''' This indemnity shall not apply unless the Contractor shall have been informed as soon as practicable by the Government of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to— | ||
| + | *(1) An infringement resulting from compliance with specific written instructions of the Contracting Officer directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the contract not normally used by the Contractor; | ||
| + | *(2) An infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance; or | ||
| + | *(3) A claimed infringement that is unreasonably settled without the consent of the Contractor, unless required by final decree of a court of competent jurisdiction. | ||
| + | |||
| + | |ImportantNotesRequirements=[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] | ||
| + | |IncorporatedbyReference=Yes | ||
| + | |UniformContractFormat=I | ||
| + | |Editor=Marshall | ||
|Checked=no | |Checked=no | ||
|HasTermDate=2014/03/31 | |HasTermDate=2014/03/31 | ||
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|ProvisionClauseNumber=52.227-3 | |ProvisionClauseNumber=52.227-3 | ||
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|RegulationSection=27 | |RegulationSection=27 | ||
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|FunctionalTopicalArea= | |FunctionalTopicalArea= | ||
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|FARCitation= | |FARCitation= | ||
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|ImportantCaseLaw= | |ImportantCaseLaw= | ||
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|FlowClauses= | |FlowClauses= | ||
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}} | }} | ||
Revision as of 09:08, 12 June 2014
Prescribed in 27.201-2(c)(1) | |
| Effective Date: | 1 April 1984 |
| Clause or Provision: | Clause |
| Provision or Clause Number: | 52.227-3 - Patent Indemnity |
| Principle Type And/Or Purpose of Contract: | |
| Required: | |
| Applicable: | Fixed Price Service; Cost Reimbursement Supply; Fixed Price Supply; Cost Reimbursement Service; Indefinite Delivery; |
| Optional: | Fixed Price Construction; Cost Reimbursement Construction; Time and Materials/Labor Hour; Leasing of Motor Vehicles; Dismantling, Demolition, or Removal of Improvements; Facilities; Simplified Acquisition Procedures; Utility Services; |
| Subject: | |
| ProcurementType: | |
| Contract Threshold: | |
| Prescription Overview: | |
| Clause Overview: |
(a) The Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as “construction work”) under this contract, or out of the use or disposal by or for the account of the Government of such supplies or construction work.
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| Important Notes/Requirements: | |
| Subcontract Threshold: | |
| Incorporated by Reference: | Yes |
| Uniform Contract Format: | I |
| Editor: | Marshall |
Personal notes.
