ORNL Model Short-Form CRADA Template 2023

CRADA No. NFE-2X-0XXXX (Participant)

SRM

(NOTE: DOE does not permit UT-Battelle to negotiate the terms of this agreement)

STEVENSON-WYDLER (15 U.S.C. 3710a)

SHORT-FORM COOPERATIVE RESEARCH AND DEVELOPMENT AGREEMENT

(hereinafter “CRADA”)

No. NFE-2X-0XXXX

BETWEEN

UT-Battelle, LLC
under its U.S. Department of Energy Contract No. DE-AC05-00OR22725 (hereinafter “Contractor”)
AND
Participant
(hereinafter “Participant”),
both being hereinafter jointly referred to as the “Parties.”

ARTICLE I: DEFINITIONS

A. “Government” means the United States of America and agencies thereof. B. “DOE” means the Department of Energy, an agency of the United States of America. C. “Contracting Officer” means the DOE employee administering the Contractor’s DOE contract. D. “Generated Information” means information produced in the performance of this CRADA. E. “Proprietary Information” means information which is developed at private expense outside of this CRADA, is marked as Proprietary Information, and embodies: (1) trade secrets; or (2) commercial or financial information which is considered privileged or confidential under the Freedom of Information Act [5 USC 552 (b)(4)].
F. “Protected CRADA Information” means Generated Information which is marked as being Protected CRADA Information by a Party to this CRADA and which would have been Proprietary Information had it been obtained from a non-federal entity.
G. “Subject Invention” means any invention of the Contractor or Participant conceived of or first actually reduced to practice in the performance of work under this CRADA. H. “Intellectual Property” means patents, trademarks, copyrights, mask works, Protected CRADA Information and other forms of comparable property rights protected by Federal law and other foreign counterparts.
I.

“Background Intellectual Property” means the Contractor’s Intellectual Property identified by the Contractor in Appendix B, Background Intellectual Property, which was in existence prior to or is first produced outside of this CRADA, except that in the case of inventions in those identified items,

CRADA No. NFE-2X-0XXXX (Participant)

SRM

the inventions must have been conceived outside of this CRADA and not first actually reduced to practice under this CRADA to qualify as Background Intellectual Property.

ARTICLE II: STATEMENT OF WORK, TERM, FUNDING AND COSTS

A. Appendix A is the Statement of Work.
B. The effective date of this CRADA shall be the latter date of: (1) the date on which it is signed by the