EASTMAN KODAK COMPANY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81B00878R000800120001-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 20
• Document Creation Date: December 12, 2016
• Document Release Date: May 14, 2002
• Sequence Number: 1
• Publication Date: January 10, 1956
• Content Type: STATEMENT

ArEASIPTiMiltattePONKPCZAWPAN*78R00080012000eop,
CAMERA WORKS
333 STATE ST., ROCHESTER 4, NEW YORK
DATE January 10, 1956
To I Computer Control Company, Inc.
92 Broad Street
Wellesley 57, Massachusetts
PLEASE ENTER OUR ORDER AS PER SPECIFICATIONS AND CONDITIONS
AS STATED BELOW AND ON THE REVERSE SIDE OF ORDER
PURCHASE aj,1),0
ORDER
DEPT. NO 79
SHIP TO.
STAT
E. K. CO. CAMERA WORKS,
ROCHESTER 4, NEW YORK
SHOW ABOVE MARKINGS ON
ALL SHIPMENTS
PLEASE RENDER INVOICES IN DUPLICATE SHOWING
SHIPPING METHOD WITH B/L OR EXPRESS RECEIPT
AND CORRESPONDENCE TO PURCHASING DEPART.
MENT, 393 STATE STREET, ROCHESTER 4, NEW YORK.
QUANTITY
SPECIFICATIONS
PRICE
This purchase order covers design and con-
struction work to be performed by Computer
Control Company, Inc. (hereinafter called
"Computer Control") as directed by Eastman
Kodak Company (hereinafter called "Kodak").
under special contract identified as Z-1170.
This purchase order and the equipment to be
provided herein are unclassified. In the event
(Cant id )
TERIAL REQUIRED IN OUR PLANT
IMP
ORDER SUBJECT TO ATTACHED FORM Nos.
PLEASE SIGN AND PROMPTLY RETURN THE
ATTACHED ACKNOWLEDGMENT COPY
CONSTITUTING YOUR ACCEPTANCE OF'
THIS ORDER AND ITS CONDITIONS.
EASTMAN KODAK COMPANY
CAMERA WORKS
DIRECTOR OF PURCHASING
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CONDITIONS
(1) PRICE. The price shall not be higher than _that appeering on the face of this
price appears thereon, then no higher than that last quoted by Seller.
?
(2) INSPECTION AND ACCEPTANCE. All material under this order will be sub'
and acceptance after delivery. Material failing to meet the recittiretedhts of 011
held at Seller's risk and may be returned at Seller's expense.
(3)
rder, orj if no
to Insp ction
order ' ill be
EXTRAS. No charge will be allowed for packing, crating, freight, express, or other ea rle's
charges or cartage, unless designated on this order.
(4) CANCELLATION. In addition to any other rights which the Buyer may have, reserv the
right to cancel this order or any portion thereof; holding the Seller responsibl , if ma er?l
furnished pursuant to this order or any shipment thereunder is not as specified or if del vey
is not made when arid as specified, time being of the essence of this order. Buy r may c rice'
this order or any portion thereof if the Seller is adjudicated a bankrypi, if, a ptitIon u Idr
the Bankruptcy Act is filed and is net vacated within sixty days, if th;!?S 1er,akes a as-
signment for the benefit of creditors, if a Receiver of the property of the Sell r is app iin1-
orl or if action under any law for the relief of debtors ir. 'taken in ret4per-t t ,Seller
EXCUSABI F FAII IRE OR 'DELAY, Seller sball not be held responsibin faiLL. pf or dila
1,1 delivery nor B' e' for failure or rtelpk, arcer*tncl rr:Iterial horebnier if su n failur or
,Ielay is due to art of Goctror the'o41l4lir'enemv. war, siovernrnental. act-, or reetion, iro,
rod, errlharoo, oOatanttne,,ehIdern
-diffrtry-f.... with,..,,,?,orlemen
control
antity
anr or other carrF-e, q.istrii6/J rjr. fOrodoiryl,
t-.I idifore of or riaiAlf in
or in the orrler rnAv
PATENT INDFNINJITY, Seller will iorkrrr ?,
-sk-,roers
d,--rnade and expense resulting f,torn
and arising out (,1 the n.,Irche on= G
The is 1kercf in inv manner inh4rent in the:, err-d- Y active: [lnduceld
ciier.::;eller will at itt expense defend pry surh rorrlin ipin ecel of pro
written notification thereof from Buyer. ht Btikni.r may br *esetd thriits 'o
,,xpense.
any claim or ?Pe?-!.--1!
(7) CHANGES IN WRITING. Unless in writing and signed by both partlis, note* or co'n 11-
;ions other than those set forth above and on the face of this order and no chane or ad
_
tion to this order or its terms and cond1tions shall be effective.
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Wellesley, Massachusetts Page 2 of 6
that reports pursuant hereto may bear a security classification such
reports shell be handled by Computer Control in accordance with
ASP* 7-104.126
?225...DEVILE
Computer Control, during the period of October 1. 1955 to
April 1* 1956 and under the technical supervision of Kodak, shall use
its best efforts to !supply the necessary personnel, facilities, and
materials and de all other things necessary for or incident to the
performance of the work as set forth below. Computer Control agrees to
use its best efforts to complete performance of this contract within
the estimated cost and within the time specified, but Kodak and Computer
Control agree that performance within such estimated cost and within
each time cannot be guaranteed.
In this connection Computer Control shall not make expenditures
or commitments over and above the amount stated herein nor beyond April 1,
1956, whichever occurs first, without prior written approval of Kodak, and
Kodak shall not be obligated to pay for such expenditures or commitments.
Computer Control shall not be obligated to work beyond the amount or time
stated herein without negotiation of a mutually satisfactory agreement
providing therefor.
It is understood that this work shall be done -under a modified
CPYY type contract.
The work to be undertaken shall consist of furnishing all
services, facilities, and materials required to design and construct
the electronic portion of Minicard Selector No, 2.
STATI NTL
RAIMMUMPLI
The reimbursement due Computer Control for its direct oests
tncurred in the performance of the services required by this contract
shall be computed in accordance with the principles set forth in Part 2
of Section XV of the Armed Services Procurement Regulation, which Section
is hereby incorporated in and made a part hereof by reference. Such
direct costs shell not include the Computer Control catalog components
referred to as 'Direct Charges' in the Computer Control cost analysis
attached to Computer Control quotation dated November 23, 1955.
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STATI NTL
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Computer. Control Company. Inc. e.o. No, 0-43495
Nellealey, Massachusetts Page 3 of 6 Pages
In lieu of direct relibursement for indirect costs for work
performed at Computer Control, Computer Control shall be reimbursed for
Engineering Expense and G&A Expense on the basis of actual cost, subject
to standard Government audit in the manner normally employed by the Navy
Cost Supervisory Service, upon the completion of this order. For purposes
of progress billings, the following rates shall be used provisionally
until negotiation of new rates shall have been effected, at which time
payment under such provisional rates shall be adjusted accordingly*
Computer Control represents that the foregoing rates do not include any
element of profit.
In addition to the normal Manufacturing Costs (materials, labor,
engineering overhead), General and Administrative Cost, and the Fixed Fee,
there has also been included in the total contract consideration, Forty-nine
Thousand, Six Hundred Ninety dollars ($49.690.00) representing Computer
Control's prices for items normally produced by Computer Control which are
used in the performance of this contract. It is understood that such items
normally produced and sold by Computer Control are ehargeable to this
contract at net wholesale prices normally charged by Computer Control
pursuant to its Catalog or otherwise for such items, but not subject to the
application of CAA end Fee. These items which are included in Computer
Control cost analysis, attached to quotation dated November 23, 1955 and
referred to as ?Direct Charges.* are as follows:
20
3C Blocs
?
$1980,00
10
Acoustic Memory
60000
6
30 Unit Delay Panel
?
465060
15 Unit Deley Panel
?
260.00
Kodak will reimburse Computer Control for such components at the
fixed prices listed above upon certification by Computer Control and/or
inspection satisfactory to Kodak that the above components AY'S applied or
made a part of the Mtnicard Selector constructed under this order.
1120:1
Kodak will reimburse Computer Control for expenditures made in
accordance with the abeve provisions and will pay Computer Control the
agreed compensation and fixed amounts for costs incurred in accordance
'frith the above proeixions, upon certification and delivery to Kodak of copies of
the original payrolls for labor, receipted invoices for materials, equipment
eto., or other evidence satisfactory to Kodak. Reikbureement and payment
will be made as promptly as poesible, generally monthly, but may be made
at more frequent intervels if the conditions so warrant and Computer Control
so requests.
Eighty-five percent (85%) of the fixed fee set forth herein shell
he paid as it accrues, in eontnly installments based upon percentage of
eomplotion of the work AS verlfied by Kca-tr
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Computer Control Company, Inc. P.O. No. G-43495
ieellesloy, Massachusetts Page 4 of 6 Pages
Upon completion of the work and its acceptance by Kodak, Kodak
shall pay to Computer Gontrol the unpeid balance of the cost, if any, of
the work determined as above, and of the fixed fee. Kodak shall accept
the completed work with reasonable promptnessa
PELI,V,EleX
The work shall he completed and the units shall be delivered
ly
Aprileleelaee
GOVERNMENT CONTRACT.REepIeEeETS
Comelter Ccntrol understands that the work hereunder is subject
Lo te conditions containee in the following attachments which are in-
eorporated herein.
Attacnment No. 1 -
Attachment No. 2 -
ALtachment No. e -
iee-leee - Government Contract Clauses.
- License Under Copyrightable Material.
C7W-lee-E - Notice and Assistance Regarding
Patent Infringement.
Authorieation and Conseet.
Attachment No. 4
The following Armed Services Procurement Regulation is incorpo-
rated herein by reference:
ASPR9-103 - Reporting of Royalties
All of the foregoing clauses are
understanding teat the Contracting Officer
Government has directed that no aeency of t
other person, firm or corporation hall be
except as directed by hii.
eUBCONTRACTS
e ee
incorporated herein with the
representing the United States
he U. S. Government, or arty
given access to your recorde,
Computer Control shell not, without the prior written consent
ef Kodak, place any subcontract which ie on a cost-plus-fixed-fee basis,
or is on a fixed-price basis exceeding either $25,000 or five percent of
the total estimeted cost of the contract, or is on a time-and-material
or labor-hour hesis or involves research and development work. Computer
Control fureher agreee that no subcontract placed einder this contract
shell proviee for payment on a coet-plusepercent-efecost beets.
PROPERTY RIGHTS
All equipment, models, designs, layouts. drawings, sketches,
reports, data and similer material prepared or produced hereunder shall
be the property of and delivered to Kodele,
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Com ter Control Company, ince is No. U-43495
Wellesley, Massachusetts of 6 Pages
rodak shall have the right withoet further compennation to
Computer Control, to make, use, 'leave, 4.ft& sell and to reproduce, use or
peblise arty euch equipment, models, designe, leeeete, drawings, sketches,
reporee, daea and eimeIar material prepared or oeodeced hereunder and
Computer Control. shall do al/ things neceeeary ao vest and maintain in
Xedak the aforementioned righe.
Nothing in this agreement, or any work cified hereunder or
in edy purchase orders, shall constitute a waiver by Kodak of any of its
rlghts under any inventions or patents of Kodak.
eemputer Control hereby agrees thee the entire right, title, and
letorest in and to all inventions, discoveries and improvements (whether
oe net patentable) conceived or first actually redueed to practice either
a in the performance of the experimental, developmental or research work
eeder ehea contract, or (b) in the performance of any experimental, develop-
mental cr researce were reiaeing to the subject matter of this contract
which '.!fit3 done upon the understanding that a contract would be awarded,
ohaLt ele the property or iiO4.ik:k0 Computer Control further agrees to die-
eloee eo Kodak as promptio AVg available lila information known or posseesed
by Computee Control or its employee concerning such inventions, discoveriee,
end lee e.evements, ard upon request of Kodiak end without further remuneration
to Coiter Control or ete employees by Kodak, but at the expense of Kodak,
(jompuT?i. Control Will proexire emecution by its employees of sr, applicatione
or petente, assignmeets thereof and ether insteumente which are prepered
end presented by Kodak and weil require such employeee to do ail taings
ehich 0.feek may deem neceemary to vest and maintain in Kodak much entira
ol.eht, title, end intereee in end to a2e1 euoh inventions, diseevertes and,
imerovementse
%:lemeuter Contrei JAmireby graA)Ls to Kodak hollexciusi-re
tre right to grar4i subiloewoos, under any Computer Controls
ented inventions usea or embedzed in tee work performed under this
zeklamo order at a rloyeety to be negotiated and not to oeceed 3% of the
eee sealing price, or 0, of the eanafecturing cosi, of that part of the
oi)a:ratu employing or embodying the inveetioe 30 patented and used:
eOmeuter Control agrees to eoeereet wiee its empio
etficere, wno are Lo be connected with the work to be per
;ck.Ang, such employees and officere (l) to &egign to Comp,it
nominees sutr- such inventions, wAx26 htrein above referred top mad
tA execute and de Lir patent lor,n eed such inventions, and
take all other aceien nes eee deirable to carry out, insofar
are concerned, Gtnipui.of. Contrul,1 uedeetaking herein, The contract
Computer Uontroi apd 1i emploTie k4-ki officers shall be sUb-
all in the form tL iod nert,,u w2d Retitled 'Special Amployeee
eni.'
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Wollesler, K Page 6 of 6 1-14?,rA
awf-oos to inelei?s in ;.!-,y subcontract .,,redAr
of $?,00C 1;.;:r. payment is to bq malt for experimo,111,
devolopmnI1 or rh a Pet,snt Klezh%s Clause whizh is 14ts
fevorabl#, toXi Yi Po..=tnt Rights C.
Laid i r.this pJrait.J
,'o
r [ NA
Comouter Contml. ,4grestita asoi ,Irformence of the Iria4
and wo.k hander only trutworthy perorx.1 who have agreed t6. 14vsli,
all their thventii.on, divrrissor,_,opr,,,7,ents to Computer ontrii
or its desines, ,J f7;4ap.ltr Cont.1 agr.,s not to disclosep othar ttall
to XodakIs or Co.f,:tva- .6vploye3 or officers dtrectly loncern6
wLU h. wori under tloA i:,u)( order, Lc, rpvraon, lira, or critIon.
3r1 deta11 or ,N)h.zerning, or aolr.:.1 in th ow). ;.41
backgfound to, any ,j.,5;,A4n, *Agineorliv fff.w
Of tnine pertomeci fior IlAder and CAputr
further ag.e.lo not );t., 6o r.ny pon, firA Dr i:orporation
avaiirk, kKj dAIV1.e AN!1?,.z-9rH-4 or op]
for projt,cts utiA .7 or A..norion !,ot to
dinrdoaed to ;r:,:er rt.atri,,A.iont
in offtct untit .1!1 ,tag f'f'071 uptil suct 13
OtIsfir swatiabl
1'1 ON
.N4T'T.a pupc14,,,A
',..-44!? 4, 5, t,
r.14vesE,t
A rari
0 6i..UAYii ..;1.
Kodak in. .roe...'.onatle 1.14,s4.;1,o.e..,..
anything thal...
may U, S,
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E.K. 1955 EASTMAN KODAK COMPANY -- ROCHESTER, NEW YORK
PART OR ALL OF THE ARTICLES COVERED BY THE ATTANCED ORDER ARE TO BE USED IN THE PERFORMANCE OF CONTRACTS
FOR THE GOVERNMENT. THE FOLLOWING PROVISIONS ARE ESSENTIAL PARTS OF THIS ORDER, TO ALL OF WHICH
YOU AGREE IN ACCEPTING THIS ORDER
LABOR STANDARDS; NONDISCRIMINATION
You WARRENT THAT THE WORE WILL BE DONE HEREUNDER IN COMPLIANCE WITH THE FAIR LABOR STANDARDS ACT OF 1938
AND WITH THE APPLICABLE PROVISIONS OF THE WALSH...HEALY ACT AND THE EIGHT HOUR LAW. IF THIS IS AN'ORDER OR SUB...
CONTRACT FOR OTHER THAN STANDARD COMMERCIAL SUPPLIES OR RAW MATERIALS, YOU AGREE NOT TO DISCRIMINATE AGAINST
ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR, OR NATIONAL ORIGIN, THE AFORESAID
PROVISION SHILL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: EMPLOYMENT, UPGRADING, DEMOTION, OR TRANSFER;
RECRUITMENT OR RECRUITMENT ADVERTISING; LAYOFF OR TERMINATION; RATES OF PAY OR OTHER FORMS OF COMPENSATION;
AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP. You AGREE TO POST HEREAFTER IN CONSPICUOUS PLACES,
AVAILABLE FOR EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES TO SE PROVIDED BY THE CONTRACTING OFFICER
SETTING FORTH THE PROVISIONS OF THE NONDISCRIMINATION CLAUSE.
NOTICE TO GOVERNMENT OF LABOR DISPUTES
WHENEVER AN ACTUAL OR POTENTIAL LABOR DISPUTE IS DELAYING OR THREATENS TO DELAY THE TIMELY PERFORMANCE OF
THIS CONTRACT, YOU WILL IMMEOIATELY GIVE NOTICE THEREOF TO THE NEAREST REPRESENTATIVE OF THE GOVERNMENT DEPART-
MENT CONCERNED. SUCH NOTICE SHALL INCLUDE ALL RELEVANT INFORMATION WITH RESPECT TO SUCH DISPUTE; PROVIDED
SUCH NOTICE NEED NOT SE GIVEN IF THIS IS AN ORDER FOR THE FURNISHING OF STANDARD OR COMMERCIAL ARTICLES OA RAW
MATERIAL.
MILITARY SECURITY REQUIREMENTS
(A) THE PROVISIONS OF THE FOLLOWING PARAGRAPHS OF THIS CLAUSE SHALL APPLY ONLY IF AND TO THE EXTENT THAT
THIS ORDER INVOLVES ACCESS TO CLASSIFIED MATTER, WHICH AS USED IN THIS CLAUSE SHALL MEAN INFORMATION OR MATERIAL
CLASSIFIED "TOP SECAET", SECRET", OR "CONFIDENTIAL".
(B) You (11) SHALL SE RESPONSIBLE FOR SAFEGUARDING ALL CLASSIFIED MATTER AND SHALL NOT SUPPLY OR DISCLOSE
CLASSIFIED MATTER TO ANY UNAUTHORIZED PERSON, (II) SHALL NOT MAKE OR PERMIT TO BE MADE ANY REPRODUCTIONS OF
MATTER CLASSIFIED "TOP SECRET" EXCEPT WITH THE PRIOR WRITTEN AUTHORIZATION OF THE CONTRACTING OFFICER, (III)
SHALL NOT IMAII OR PERMIT TO BE MADE ANY REPRODUCTIONS OF MATTER CLASSIFIED "SECRET", OR "CONFIDENTIAL", EXCEPT
AS MAY BE ESSENTIAL TO PERFORMANCE OF THE CONTRACT, (1,i) SHALL SUBMIT TO THE CONTRACTING OFFICER, AT SUCH TIME
AS THE CONTRACTING OFFICER, MAY DIRECT, AN ACCOUNTING OF ALL REPRODUCTIONS OF MATTER CLASSIFIED "TOP SECRET",
"SECRET", OR "CONFIDENTIAL", AND (V) SHALL NOT INCORPORATE IN ANY OTHER PROJECT ANY SPECIAL FEATURES OR DESIGN
OR CONSTRUCTION WHICH WILL DISCLOSE CLASSIFIED MATTER, EXCEPT WITH THE PRIOR WRITTEN AUTHORIZATION OF THE
CONTRACTING OFFICER.
(C) EXCEPT WITH THE PRIOR WRITTEN CONSENT OF THE SECRETARY OR HIS DULY AUTHORIZED REPRESENTATIVE, YOU
(I) SHALL NOT PERMIT ANY ALIEN TO NAVE ACCESS TO CLASSIFIED MATTER, AND (II) SHALL NOT PERMIT ANY INDIVIDUAL
TO HAVE ACCESS TO MATTER CLASSIFIED "TOP SECRET", OR 'SECRET".
(0) You AGREE (I) TO SUBMIT IMMEDIATELY TO THE CONTRACTING OFFICER A COMPLETE CONFIDENTIAL REPORT OF ANY
INFORMATION WHICH YOU MAY HAVE CONCERNING METING OR THREATENING ESPIONAGE, SABOTAGE, ON SUBVERSIVE ACTIVITY,
(II) TO SUBMIT TO THE CONTRACTING OFFICER, UPON WRITTEN REQUEST, ANY ANO ALL INFORMATION WHICH YOU MAY NAVE
CONCERNING ANY OF YOUR EMPLOYEES ENGAGED IN ANY WORK AT ANY PLANT, FACTORY, OR SITE AT WHICH WORK UNDER THIS
CONTRACT IS BEING PERFORMED, AND (III) TO EXCLUDE FROM YOUR PLANT, FACTORY, SITE OR PUT THEREOF, AT WHICH
WORK UNDER THIS CONTRACT IS BEING PERFORMED, ANY PERSON OR PERSONS WHOM THE SECRETARY OR HIS DULY AUTHORIZED
REPRESENTATIVE, IN THE INTEREST OF SECURITY, MAY DESIGNATE IN WRITING.
(E) You ARE AUTHORIZED TO RELY ON ANY LETTER OR OTHER WRITTEN INSTRUMENT SIGNED By THE CONTRACTING
OFFICER, CHANGING OR ENTIRELY REMOVING THE CLASSIFICATION OF THIS ORDER OR OF ANY CLASSIFIED MATTER.
-*Awe (F) Youm OBLIGATIONS UNDER THIS CLAUSE SHALL BE IN ADDITION TO ANY OBLIGATIONS TO COMPLY WITH ALL THE
TERMS AND PROVISIONS OF ANY APPLICABLE SECURITY OR SECRECY AGREEMENT HERETOFORE OR HEREAFTER ENTERED INTO
BETWEEN YOU AND THE GOVERNMENT.
(G) You AGREE TO INSERT, IN ALL SUBCONTRACTS HEREUNDER WHICH INVOLVE ACCESS TO CLASSIFIED MATTER,
PROVISIONS WHICH SHALL CONFORM SUBSTANTIALLY TO THE LANGUAGE OF THIS CLAUSE, INCLUDING THIS PARAGRAPH (0);
PROVIDED, THAT SUCH PROVISIONS NEED NOT SE INCLUDED IN ANY SUBCONTRACT AS TO WINCH THE CONTRACTING OFFICER
SHALL CONSENT TO THE OMISSION OF SUCH PROVISIONS.
INSPECTION; WARRENTIES
ALL MATERIAL AND WORKMANSHIP SHALL AT ALL TIMES AND PLACES AND WHEN PRACTICABLE DURING MANUFACTURE BE
SUBJECT TO INSPECTION AND TEST BY OURSELVES AND BY THE REPRESENTATIVE OF THE GOVERNMENT DEPARTMENT CONCERNED.
DEFECTIVE MAIA)3ftrefVarl?614 Rt fetl?e 20'02/913/11T: le PALIM P84 B0887t8R000800120001-5
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, !
AND SPCCIFICATIONS, IF AllY, ON THE REQUIREMENTS OF THIS ORDER MAY BE REJECTED AND AT OUR 01100 SHALL 11E1
PROMPTLY CORRECTED OR REPLACED AT YOUR EXPENSE. I I
I
,
YOU WARRANT THAT TNE WORK DONE AND ITEMS FURNISHED UNDER THIS ORDER WILL COMPLY WITH TN OPLICASIE 1
DRAWINGS, SPECIFICATIONS OR DESCRIPTION ANO WILL BE OF GOOD WORKMANSHIP AND MATERIAL AND FR E FROM DEFECT,
I
NOTWITHSTANDING INSPECTION, ACCEPTANCE OR PAYMENT BY US.
GOVERNMENT AUDIT; RECORDS
You AGREE TO PERMIT ANY PERSON DESIGNATED By THE HEA, OF ANY EXECUTIVE GOVERNMENT DEFER
TO INSPECT AND AUDIT YOUR PLANTS AND DOORS IN CONNECTION HEREWITH AND TO CAUSE A SIMILAR PR
INSERTED IN ALL SUBCONTRACTS HEREUNDER. IF THIS ORDER IS MADE ON A "COST-PLUS-A-FIXED-FEE"
A "TIME-AND-MATERIAL" OASIS, YOU SHALL KEEP AND PRESERVE RECORDS AND BOOKS OF ACCOUNT PERTA
ORDER; PROVIDED, HOWEVER, IF YOU, AT ANY TIME AFTER THE LAPSE OF SIX YEARS FOLLOWING THE DA
THE FINAL PAYMENT HEREUNDER DECOKES DUE, DESIRE TO DISPOSE OF SAID RECORDS AND BOOKS OF ACC
SHALL NOTIFY THE HEAD OF INC GOVERNMENT DEPARTMENT CONCERNED, WHO SHALL EITHER AUORIZE TH
TON OR NOTIFY YOU TO TURN THEM OVER TO THE GOVERNMENT FOR DISPOSITION, AND YOU SHALL PROMP
WITH SUCK NOTICE.
YOU AGREE, PURSUANT TO PUBLIC LAW 245, 82ND CONGRESS, THAT THE COMPTROLLER GENERAL OF TN
ON ANY OF HIS DULY AUTHORIZED REPRESENTATIVES SHALL, UNTIL THE EXPIRATION OF THREE FEARS AFT
mENT OF PRIME CONTRACT, IF ANY, BETWEEN THE UNITED STATES OF AMERICA AND EASTMAN KOGAN COmPA
ACCESS TO AND THE RIGHT TO EXAMINE ANY DIRECTLY PERTINENT BOONS, DOCUMENTS, PAPERS, AND RECO
INVOLVING TRANSACTIONS RELATED TO THIS ORDER. THE PROVISIONS OF THE PRECEDING SENTENCE ARE
TO ANY OTHER PROVISIONS HEREOF RELATING TO ACCESS TO, RETENTION OF, AND INSPECTION OF RECORD
BUY AMERICAN ACT , I
YOU AGREE THAT THERE WILL et DELIVERED UNDER THIS CONTRACT ONLY SUCH UNmANDFACTIURED ANTI LEG,
!
MATERIALS, AND SUPPLIES (WHICH TERM "ARTICLES, MATERIALS AND SUPPLIES" IS HEREINAFTER REFERR 0 TO IN THIS
CLAUSE AS "SUPPLIES") AS HAVE BEEN MINED OR PRODUCED IN THE UNITED STATES, AND ONLY1SUCH MAN FACTURED
SUPPLIES AS HAVE BEEN MANUFACTURED IN THE UNITED STATES SUBSTANTIALLY ALL FROM SUPPLIES MINED, PRODUCED,
, 1, I1
STATES, On (iii) WITH RESPECT TO THE SUPPLIES TO BE DELIVERED UNDER THIS CONTRACT WHICH ARE 0 A CLASS
OR MANUFACTURED, AS THE CASE MAY BE, IN THE UNITED STATES. PURSUANT TO THE Buy AMERICAN ACT 04I U.S,
9
CODE 10A-0)? THE FOREGOING PROVISION- SHALL NOT APPLY (I) WITH RESPECT TO SUPPLIES EXCEPTED DY- IH
THE E
SECRETARY FROM THE APPLICATION OF THAT ACT, (ii) WITH RESPECT TO SUPPLIES FOR USE OUTSIDE UNITED
OR KIND DETERMINED BY THE SECRETARY OR HIS DULY AUTHORIZED REPRESENTATIVE NOT TO BE 'IMINED, PR DuCED, OR
MANUFACTURED, AS THE CASE MAY BE, IN THE UNITED STATES IN SUFFICIENT AND REASONABLY 'AvAILABLE COMMERCIAL
QUANTITIES AND OF A SATISFACTORY QUALITY, OR (Iv) WITH RESPECT TO SUCH SUPPLIES, FR WHICH TE SUPPLIES
I:
To BE DELIVERED UNDER THIS CONTRACT ARE MANUFACTURED, AS ARE OF A CLASS OR KIND BETE miNED BY THE
SECRETARY OR His DULY AUTHORIZED REPRESENTATIVE NOT TO BE MINED, PRODUCED, OR MANUFITURED, A THE CASE
MAY BE, IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE COMMERCIAL QUART TIES AND OF A
SATISFACTORY QUALITY, PROVIDED THAT THIS EXCEPTION (10 SMALL NOT PERMIT DELIVERY OF1SUPPLIES MAN*.
FACTuRED OUTSIDE THE UNITED STATES IF, SUCH SUPPLIES ARE MANUFACTURED IN THE UNITED STATES IN UFF1ICIENT
AND REASONABLY AVAILABLE COMMERCIAL QUANTITIES ANO OF A SATISFACTORY QUALITY. 1
,
I
OFFICIALS NOT TO BENEFIT 1 .
No MEMBER Of OR DELEGATE TO CONGRESS OR RESIDENT COMMISSIONER SHALL BE ADMITTED TO ANY SHA IE OR PART
OF THIS CONTRACT OR To ANY BENEFIT THAT MAY ARISE THEREFROM, BUT THIS PROVISION SHALij, NOT DE C NSTRUE0 TO
EXTEND TO THIS CONTRACT IF MADE WITH A CORPORATION FOR ITS GENERAL BENEFIT.
MENT CONCERNED
VISION TO BE ?
BAG'S, OR ON
RING TO THIS
I UPON WHICH
UNTi, YOU
IN otsTRuc-
Y COMPLY
UNITED STATIO
R EINAL PAY-
y, HAVE
OS OF Dims 1
4 KODITION
ASSIGNMENTS
NEITHER THIS ORDER
ASSIGNED By THE SELLER WITHOUT THE APPROVAL OF THE BUYER.
NOR ANY INTEREST HEREIN NOR ANY CLAIM ARISING HEREUNDER SHALL BE TRANSF
CHANGES
WE SHALL BE FREE TO REQUIRE CHANGES IN THE WORK TO SE PERFORMED By YOU HEREUNDER. SUCH EQ
ADJUSTMENTS SHALL BE MADE IN THE AMOUNT DUE HEREUNDER AND/OR IN THE TIME REQUIRED FORI THE PERE
HEREOF AS IS APPROPRIATE. No CHANGES IN ANY OF THE PROVISIONS OR REQUIREMENTS OF TH1 ORDER
sTRuCTiONs SHALL BE EFFECTIVE UNLESS IN WRITING AND SIGNED BY OUR AUTHORIZED REPRESEN ATIvE.
TAXES
UNLESS THIS ORDER SPECIFIES OTHERWISE, THE PRICES INCLUDE ALL EXISTING FEDERAL MANUFACTURERS' END
RETAILERS' EXCISE TAXIS APPLICABLE TO THE ITEMS ORDERED. PRICES SHALL EXCLUDE C1157146 STATE AND LOCAL
SALES, USE OR OTHER TAX UPON THE UNDERSTANDING THAT WE WILL FURNISH YOU WITH A CERTIFICATE, AFF Dave/
RREO OR
ITAGLE
RMAGCE
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OR OTHER DOCUMENT ADEQUATE TO OBTAIN EXEMPTION FROM ANY SUCH EXCLUDED TAX. IF AFTER THE DATE HEREOF ANY
FEDERAL, STATE OR LOCAL LAW SHALL IMPOSE OR INCREASE ANY TAX DIRECTLY APPLICABLE TO THE PRODUCTION OR
SALE OF ANY SUCH ITEMS FROM WHICH YOU CANNOT OBTAIN EXEMPTION OR DECREASE ANY TAX INCLUDED IN THE PRICE
OR PRICES, AN APPROPRIATE ADJUSTMENT WILL BE MADE TO REFLECT SUCH ADDED, INCREASED OR DECREASES TAX.
CANCELLATION
WITHOUT PREJUDICE TO ANY OTHER RIGHTS WHICH WE MAY HAVE HEREUNDER, AND IN ADDITION THERETO, WE
RESERVE THE RIGHT BY WRITTEN NOTICE TO YOU TO CANCEL THIS ORDER IN WHOLE OR IN PART, AS TO UNACCEPTED
ITEMS, AND HOLD YOU RESPONSIBLE, UPON BREACH HEREOF BY YOU, INCLUDING BUT WITHOUT LIMITATION, DEFECTS
IN MATERIAL EQUIPMENT, OR WORKMANSHIP, NON-COMPLIANCE WITH DRAWINGS, INSTRUCTIONS OR SPECIFICATION, OR
DELAY IN DELIVERY, NOT CAUSED BY CONDITIONS BEYOND YOUR CONTROL, OR IF YOU SHALL DE ADJUDICATED BANKRUPT
OR SHALL FILE A VOLUNTARY PETITION, OR CONSENT TO OR FAIL TO CONTEST A PETITION UNDER THE FEDERAL
BANKRUPTCY LAWS, OR IF A RECEIVER OR TRUSTEE OF A SUBSTANTIAL PART OF YOUR PROPERTY SHALL BE APPOINTED,
OR IF YOU SHALL FILE AN ASSIGNMENT UNDER ANY INSOLVENCY ACT, OR MAKE AN ASSIGNMENT FOR THE BENEFIT OF
CREDITORS.
TERMINATION
(A) THE BUYER MAY TERMINATE WORK UNDER THIS ORDER IN WHOLE OR IN PART AT ANY TIME BY WRITTEN OR TELE-
GRAPHIC NOTICE. SUCH NOTICE SHALL STATE THE EXTENT AND EFFECTIVE DATE OF SUCH TERMINATION; AND, UPON THE
RECEIPT HEREOF, THE SELLER WILL, AS AND TO THE EXTENT DIRECTED BY THE BUYER, STOP WORK UNDER THIS ORDER
AND THE PLACEMENT OF FURTHER ORDERS OR SUBCONTRACTS HEREUNDER, TERMINATE WORK UNDER ORDERS AND SUBCON-
TRACTS OUTSTANDING HEREUNDER AND TAKE ANY NECESSARY ACTION TO PROTECT PROPERTY IN THE SELLER'S POSSESSION
IN WHICH THE BUYER HAS OR MAY ACQUIRE AN INTEREST.
(B) IF THE PARTIES CANNOT AGREE WITHIN A REASONABLE TIME UPON THE AMOUNT OF FAIR COMPENSATION TO THE
SELLER FOR SUCH TERMINATION, THE BUYER IN ADDITION TO MAKING PROMPT PAYMENT OF AMOUNTS DUE FOR ARTICLES
DELIVERED OR SERVICES RENDERED PRIOR TO TME EFFECTIVE DATE OF TERMINATION, WILL PAY TO THE SELLER, WITHOUT
DUPLICATION OF ANY ITEMS, THE FOLLOWING AMOUNTS:
(I) THE CONTRACT PRICE FOR ALL ARTICLES OR SERVICES WHICH HAVE BEEN COMPLETED IN ACCORDANCE WITH
*Me THIS ORDER AND NOT PREVIOUSLY PAID FOR; OR, IF THIS ORDER IS MADE ON A "COST-PLUS-A-FIXED-FEE"
BASIS OR ON A "TOE-AND-MATERIAL" BASIS ALL COSTS AND EXPENSES REIMBURSABLE IN ACCORDANCE
WITH THIS ORDER, NOT PREVIOUSLY PAID TO THE SELLER FOR THE PERFORMANCE HEREOF PRIOR TO THE
EFFECTIVE DATE OF THE NOTICE OF TERMINATION AND SUCH OF THESE COSTS AS MAY CONTINUE FOR A
REASONABLE TIME THEREAFTER WITH BUYER'S APPROVAL, PROVIDED, HOWEVER, THAT THE SELLER SHALL
PROCEED AS RAPIDLY AS PRACTICABLE TO DISCONTINUE SUCH COSTS.
(2) (I) THE ACTUAL COSTS INCURRED BY IKE SELLER WHICH ARE PROPERLY ALLOCABLE OR APPORTIONABLE TO
THE TERMINATED PORTION OF THIS ORDER, INCLUDING THE COST OF DISCHARGING LIABILITIES WHICH ARE
SO ALLOCABLE OR APPORTIONABLE (WHICH COST MAY INCLUDE A REASONABLE ALLOWANCE FOR PROFIT BUT
ONLY ON WORK DONE IN CONNECTION WITH THE TERMINATED PORTION OF ANY SUBCONTRACTS OR ORDERS
HEREUNDER), BUT EXCLUDING ANY CHARGE FOR INTEREST ON BORROWINGS, AND (II) A sum EQUAL TO
2 PERCENT OF THE PART OF SUCH COSTS REPRESENTING THE COSTS OF ARTICLES OR MATERIALS NOT
?
PROCESSED BY THE SELLER, PLUS A SUM EQUAL TO 8 PERCENT OF THE REMAINDER OF SUCH COSTS, BUT
THE AGGREGATE OF SUCH SUMS SHALL NOV EXCEED 6 PERCENT OF THE WHOLE OF SUCH COSTS. FOR THE
PURPOSE OF SUBDIVISION (II) SUCH COSTS SHALL EXCLUDE THE COSTS OF DISCHARGING LIABILITIES
FOR PARTS, MATERIALS AND SERVICES NOT RECEIVED BY THE SELLER BEFORE THE EFFECTIVE DATE OF
TERMINATION; OR IF THIS ORDER IS MADE ON A "COST-PLUS-A-FIXED-FEE" BASIS ON ON A "TIME-AND-
MATERIAL" BASIS, THE COST NOT OTHERWISE INCLUDED OF SETTLING AND PAYING CLAIMS EITHER
ARISING OUT OF THE TERMINATION OF WORK UNDER SUB-CONTRACTS OR ORDERS HEREUNDER OR WITH RESPECT
TO ANY OTHER OBLIGATIONS, COMMITMENTS AND LIABILITIES THE COST OF WHICH WOULD BE REIMBURSABLE
IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDER OR ARISING IN CONNECTION WITH THE TERMINATION
OF THIS ORDER AND PROPERLY CHARGEABLE HERETO, PROVIDED ANY SUCH CLAIM HAS BEEN SETTLED WITH
BUYER'S APPROVAL, PLUS SUCH PROPORTION OF THE FIXED FEE PAYABLE HEREUNDER AS IS EQUAL TO THE
PERCENTAGE OF COMPLETION OF THIS ORDER AT THE DATE OF TERMINATION LESS ANY PAYMENTS ON ACCOUNT
OF FEE THERETOFORE MADE.
(5) THE REASONABLE COSTS OF THE SELLER IN MAKING SETTLEMENT HEREUNDER AND IN PROTECTING PROPERTY
IN WHICH THE BUYER HAS OR MAY ACQUIRE AN INTEREST. PAYMENTS MADE UNDER THIS PARAGRAPH (B),
EXCLUSIVE OF PAYMENTS UNDER SUB-PARAGRAPH (3), SHALL NOT EXCEED THE AGGREGATE PRICE SPECIFIED
IN THIS ORDER, LESS PAYMENTS OTHERWISE MADE ON TO BE MADE.
FOR THE PURPOSES OF SUB-PARAGRAPHS (I), (2), AND (3) HEREOF, COSTS SHALL BE DETERMINED PORSUANT
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TO THE CONTRACT COST PRINCIPLES AS SET FORTH IN THE ARMED SERVICES PROCUREMENT EGULATIONS
IF THE PRIME CONTRACT TO WHICH THIS ORDER RELATES CONTAINS A SIMILAR PKOMION, OTHERWISE
PURSUANT TO THE STATEMENT OF PRINCIPLES FOR CONSIDERATION Of COSTS SETIFORTH IN PART 4 OF
SECTION VIII OF THE ARMED SERVICES PROCUREMENT REGULATIONS AS IN EFFECT ON THE ATE, OF THE
PRIME CONTRACT.
(C) WITH THE CONSENT OF THE BUYER, AND SUBJECT TO ANY RIGHT OR INTEREST WHICH HE U. S, GOvERNmENT
MAY HAVE THEREIN, THE SELLER MAY KEEP AT AN AGREED PRICE OR SELL AT AN APPROVED PR CE ANY ClIPLETEO
ARTICLES, OR ANY ARTICLES, MATERIALS, WORK IN PROCESS OR OTHER THINGS THE COST OF NHICI4 IS i LOCABLE OR
APPORTIONABLE TO THIS ORDER UNDER PARAGRAPH (B) (2) ABOVE AND WILL CREDIT OR PAY THE AMOUNTS SIYAGREED
OR RECEIVED TO THE PRICE OR COST OF THE WORK COVERED BY THIS ORDER OR AS THE BUYER OTNERWISE DIBECTS.
As DIRECTED BY THE BUYER, THE SELLER WILL TRANSFER TITLE TO, AND MAKE DELIVERY Of, ANY SUCH RTiCLES,
MATERIALS, WORK IN PROCESS OR OTHER THINGS NOT SO KEPT OR SOLD. APPROPRIATE ADJuSTmENT WILL WHADE FOR
DELIvERy COSTS OR SweiNG3 THEREIN.
(0) INS PRovisions OF THIS SECTION SHALL NOT LIMIT OR AFFECT THE RIGHT OF THE BUYER TO T APINATE
HIS ORDER FOR DEFAULT OF THE SELLER. 1
(E) SINCE THE BUYER'S CLAIM, IF ANY, MAy IN TURN SE MIMED TO BE PRESENTED WITHIN A SP CIFIED TIME
AFTER TERMINATION, SELLER'S SLAIM HEREUNDER SHALL BE SUBMITTED PROMPTLY BUT IN NO EENT LATE THAN
8 MONTHS FROM THE EFFECTIVE DATE OF TERMINATION OR MN EARLIER TIME AS BUYER MAY $ ECiFy, U LESS EX?
TENDED IN WRITING By BUYER UPON REQUEST OF THE SELLER MADE IN WRITING WITHIN SUCH P RI00. U ON FAILURE
OF THE SELLER TO SUBMIT SUCH CLAIM WITHIN THE TIME ALLOWED, THE BUYER SHALL DETERml 1, ON TN 'ASIS OF
INFORMATION AvAILASLE TO IT, THE AMOUNT, IF ANY, DUE 70 THE SELLER BY REASON OF THE TERMINATION.
SPECIAL TOOLS ;
I
UNLESS OTHERWISE AGREED IN WRITING, ALL SPECIAL DIES, MOLDS, PATTERNS, JIGS AND 'FIXTURES URNISHED
TO THE SELLER By THE PURCHASER OR SPECIFICALLY PAID FOR BY THE PURCHASER, SHALL SE THE PROpER.y OF THE
PURCHASER, SHALL BE SUBJECT TO REMOVAL UPON COMPLETION OF THE ORDER AT THE PURCHASER'S REQuES , SHALL BE
USED ONLY IN FILLING ORDERS FROM THE PURCHASER, SHALL BE HELD AT THE SELLER'S RISK DND SHALL E KEPT
INSURED By THE SELLER WHILE IN ITS CUSTODY OR CONTROL IN AN AMOUNT EQUAL TO THE REPLACEMENT c sTJHEREOF
WITH LOSS PAYABLE TO THE PURCHASER.
1
RENEGOTIATION .
(A) Tills CONTRACT IS SUBJECT TO THE RENEGOTIATION ACT OF 1951, (P.L. 9, 82ND CONGRESS) AN"ALL BE
'
DEEMED TO CONTAIN ALL THE PROVISIONS REQUIRED BY SECTION 104 OF SAID ACT. ' ,
,
THE
CLAUSE,
INCLUDING
THE CONTRACTOR (WHICH TEAM AS USED IN THIS CLAUSE MEANS THE PARTY CONTRACTIN TO FuRTI MATERIALS OR PERFORM THE WORK REQUIRED BY THIS CONTRACT) iGREES TO INSERT THE PROVISIONS OF T i$
G
INCLUDING THIS PARAGRAPH (B), IN ALL SUBCONTRACTS AS REQUIRED By SECTION 104 OF THEIREREGOTI 1.10R ACT
OF 1951; PROVIDED, THAT THE CONTRACTOR SHALL NOT IS REQUIRED TO INSERT THE PROVISIONS OF THIS rLAU3E IN
ANY SUBCONTRACT OF A CLASS OR TYPE DESCRIBED IN SECTION I06(A) Of THE RENEGOTIATION ACT OF 1951.
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ler ontroF Uompan, Jnc.
STATI NTL
Apparatus Research & Development
Eastman rodak Company
Camera Works
333 State Street
Rochester 4, New York
Dear
STATI NTL
92 BROAD STREET
WELLESLEY 57. MASSACHUSETTS
November 231 1955
We are enclosing our CPFF cost estimate for Minicard Selector No. 2 as
you have requested. This estimte includes the new development work required
to implement the Selector with standard logical packages. In our previous
OFFF estimate, dated October 7, the development costs werg, assigned to Selector
No. 3, but the resultant additional cost of Selector No. 3 over Selector No. 2
was reduced by economies expected in building two machines simultaneously. In
other quotations submitted on August 26 and September ,73 for Fixed Price and
on October 26 for Time and Materials the development had been handled in several
different manners.
As you suggested, we have used in this estimate the same EO and 0 & A rates
which were applied to our subcontract with you for Minicard Selector No. 1. We
understand that a new audit will be made to determine the exact rates to be used
in the contract for Selector No. 2.
In the portion of the estimate for Direct Charges we have applied quantity
discounts where applicable. For your reference we are also enclosing a copy
of our price list for some of the equipment.
We will be glad to promptly supply any further information which you may
require.
STATI NTL
cc.
Encloeures: 3
STATI NTL
Very truly yours,
COMPTITER CO STATINTL
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STATINTL
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COMPUTER CONTROL COMPANY, INC.
92 BROAD STREET
WELLES1FY 572_MASSACHU3E1TS
3C-4'AC - PRICE LIST
Gating Package - Widel OP-1
?baster Oscillator - Model MO-1
Slave Clock - Model SC-1
15 Unit Delay Panel ?- Model UD-11)
$110.00 Quantities 1-149
Less 10% for
quanti ties 150
and over.
S 70.00
S 70.00
52o0.00 Quantities 1-9
Lsr 10T for quan-
tities 10 ar31 over,
30 Unit Delay Panel - Model UD-30 $465.0O Quantities 1-9
4 Less 10% for quan-
tities 10 and over.
;
30-BLOC - Model BL-1
(Not Including ,y-rAcs)
- Complete with fifteen
r..ating Packages and
one Master Cscillator
or one Slave .lock
11,2!".00 Quantities 1-9
Less 10% for quan-
tities 10 and ov-er.
2200.:10 ouan+rtites 1-9
Less 10% for quarr-
titles 10 and over.
DELIVM: 90 days after receipt of purchase order.
TEMS: 1% 10 days - net 30 days - FOB Wellesley, Massachusetts.
The above prices are erfectlie immerliately and subject to chanti;e
without notice.
April 4, 19rY?,
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COUFUTgR CONTROL COMPANY, INC.
92 Broad Street
Babson Park 57, Menmachusetts
PRICE LIST
AcousticNod AD-1
Unit Price
25 - j_50 microseconds
$710
150 - 300 micrcesumada
$750
300 - 600 microseccnna
8840
600 - 1100 microseconds
$910
EnliveLE: 90 days after receipt of purchase order
i2antitv Discountt 10% on 10 or more unite in one group,
Tempt 1% 10 days - oet 30 days - F.O.B. Wellesley, Massachusetts.
All prices subject to change without notice.
December 6, 1955
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EASTMAN KODAK COMPANY - CAMERA WORKS
P. 0. Number G-431495
Attachment NO.
"Copyrights"
2
Kodak's prime contract under which this order is placed contains the following
clause which applies to this order, the term "Contractor" meaning Subcontractor
and the term "the Government" meaning Kodak and/or the Government, when so
applied:
(a) The Contractor agrees to and does hereby grant to the Government, and to
Its officers, agents and employees-acting within the scope of their official duties
(i) a royalty-free, nonexclusive and irrevocable license to reproduce, translate,
publish, use, and dispose of, and to authorize others so to do, all copyrightable
material first produced or composed and delivered to the Government under this
contract by the Contractor, its employees or any individual or concern specifically
employed or assigned to originate and prepare such material; and (ii) a license
as aforesaid under any and all copyrighted or copyrightable work not first produced
or composed by the Contractor in the performance of this contract but which is
Incorporated in the material furnished under the contract, provided that such
license shall be only to the extent the Contractor now has, or prior to completion
or final settlement of the contract may acquire, the right to grant such license
without becoming liable to pay compensation to others solely because of such
grant.
(b) The Contractor agrees that it will exert all reasonable effort to advise
the Contracting Officer, at the time of delivering any copyrightable or copyrighted
work furnished under this contract, of any adversely held copyrighted or copyright-
able material incorporated in any such work and of any invasion of the right of
privacy therein contained.
(c) The Contractor agrees to report to the Contracting Officer, promptly and
in reasonable written detail, any notice or claim of copyright infringement received
by the Contractor with respect to any material delivered under this contract.
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EASTMAN KODAK COMPANY - CAMERA WORKS
P.O. Number G-143495
Attachment NO. 3
"Notice and Assistance"
Kodakts prime contract under which this order is placed contains the follow-
ing clause which applies to this order, the term "Contractor" meaning Subcon-
tractor, the term "the Government" meaning Kodak and/or the Government, and
the term "Contracting Officer" meaning Kodak and the Contracting Officer, when
so applied:
"The provisions of this clause shall be applicable only if the amount of this
contract is in excess of $5,000.
"(a) The Contractor shall report to the Contracting Officer, promptly and in
reasonable written detail, each notice or claim of patent infringement based on
the performance of this contract of which the Contractor has knowledge.
"(b) In the event of litigation against the Government on account of any claim
of patent infringement arising out of the performance of this contract or out of
the use of any supplies furnished or work or services performed hereunder, the
Contractor shall furnish to the Government, upon request, all evidence and
information in possetsion of the Contractor pertaining to such litigation. Such
evidence and information shall be furnished at the expense of the Government
except in those cases in which the Contractor has agreed to indemnify the Gov-
ernment against the claims being asserted."
CW 158 E_
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EASTMAN KODAK COMPANY - CAMERA WORKS
P.O. Number? G-4.3495
Attachment No. It
"Authorization and 'Consent, form 2"
Kodak's prime contract under which this order is placed contains the following
clause which extends to this order:
"The Government hereby gives its authorization and consent for all use and
manufacture of any patented invention in the performance of this contract or any
part hereof or any amendment hereto or any subcontract hereunder (including
any lower-tier subcontract)."
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BA,pc.-2031
CM 426 a 5
2. App
for Iten No.
setts.
CONlPACtt A
to your rawest of JUly 26, 1955ama your letter
955, approval is hereby greeted to plume a purchase
2 of umbit me et Ceartruct No. let-1806 with the
ice or Rochester, dem York.
Is also hereby granted to place a purchase order
said eshibit with Teetroo, 1e of Waltham, Nissechu
3. to theSpecial 701se Printer refrrsd to in your
letter it is understood thet,when nomads are
saA * mei furniehing at this item, it 'Ill like-
wise be obtai by Purehase order free *matron, Inc. Accordingly
approval is hereby given with, respect to source for such printer.
Funding of the contract for such printer, when eppropriate, will be
heaedled by separate correspondence.
25X1A
Distributipn
Orig. ILI 25X1A
tars
c.-
-I ?rearriee
4- *rano
5 - Reading
25X1A
DOCUMENT NO.
NO CHANGE iN CLASS.
10: TS S 0 26 ft
0 DECLASSIFIED
GLSS
Ei.-.XT WC:
AUTH: H 10
DATE viniVin...062Ma
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Subject: Contract E1-95
Gentlemen:
October 19, 1955
The subject letter of intent contains Clause 7,203-8
pertaining to subcontracting taken from the Armed Services Pro?
curement Regulations. In general, such a clause requires your
approval of any subcontracting of work anticipated in this task.
We wish to place an order with Photomechanisms, Inc., 6 West 18th
Street, Huntington.Station, L.I. This purchase order will cover
the design of certain special equipment.
Would you please provide us your approval of this
organization as to source prior to placing the purchase order
with them.
CC:
25X1A
File
Yours very truly,
25X1A
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