Title 48

SECTION 52.227-4

52.227-4 Patent Indemnity - Construction Contracts.

As prescribed in 27.201-2(d)(1), insert the following clause:

Patent Indemnity - Construction Contracts (DEC 2007)

Except as otherwise provided, the Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, 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 performing this contract or out of the use or disposal by or for the account of the Government of supplies furnished or work performed under this contract.

(End of clause)

Alternate I (DEC 2007). As prescribed in 27.201-2(d)(2), designate the first paragraph of the basic clause as paragraph (a) and add the following paragraph (b) to the basic clause:

(b) This patent indemnification shall not apply to the following items:

_______________

[Contracting Officer list the items to be excluded.]

[72 FR 63065, Nov. 7, 2007]