FAR 52.227-5 - Waiver of Indemnity

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Prescribed in 27.201-2(e)

Effective Date:1 April 1984
Clause or Provision:Clause
Provision or Clause Number: 52.227-5 - Waiver of Indemnity

Principle Type And/Or Purpose of Contract:
Required:
Applicable:Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Transportation; Commercial Items
Optional:Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Leasing of Motor Vehicles; Time & Material/Labor Hour
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

(e) It may be in the Government’s interest to exempt specific U.S. patents from the patent indemnity clause. Exclusion from indemnity of identified patents, as distinguished from items, is the prerogative of the agency head. Upon written approval of the agency head, the contracting officer may insert the clause at 52.227-5, Waiver of Indemnity, in solicitations and contracts in addition to the appropriate patent indemnity clause.

Clause Overview:

Clause

Any provision or clause of this contract to the contrary notwithstanding, the Government hereby authorizes and consents to the use and manufacture, solely in performing this contract, of any invention covered by the United States patents identified below and waives indemnification by the Contractor with respect to such patents:

__________________________________________________ [Contracting Officer identify the patents by number or by other means if more appropriate.]

Important Notes/Requirements:

This clause is usually accompanied by a patent indemnity clause.

Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.