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                            52.227-3_Alternate II
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
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Subpart52.052.152.252.3
Section52.20052.20152.20252.20352.20452.20552.20652.20752.20852.20952.21052.21152.21252.21352.21452.21552.21652.21752.21852.21952.22052.22152.22252.22352.22452.22552.22652.22752.22852.22952.23052.23152.23252.23352.23452.23552.23652.23752.23852.23952.24052.24152.24252.24352.24452.24552.24652.24752.24852.24952.25052.25152.25252.253
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52.227-3 Patent Indemnity.52.227-3 Patent Indemnity.       As prescribed in 27.201-2(c)(1), insert	the following clause:          Patent Indemnity (Apr 1984)                                       (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.                                          (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.                                                                    (End of clause)          *Alternate	I*                (Apr 1984). As prescribed in 27.201-2(c)(2), add the	following paragraph (c) to the basic clause:             (c)	This patent indemnification shall not apply to the following items:             __________________________________________________	[*Contracting Officer list and/or identify the items to be excluded	from this indemnity*.]                                       *Alternate II*                (Apr 1984). As prescribed in 27.201-2(c)(2), add the	following paragraph (c) to the basic clause:             (c)	This patent indemnification shall cover the following items:             __________________________________________________	[*List and/or identify the items to be included under this indemnity*.]                                       *Alternate	III*                (Jun 2020). As prescribed	in 27.201-2(c)(3), add the	following paragraph (c) to the basic clause:             ( )	As to subcontracts at any tier for communication service, this clause	shall apply only to individual communication service authorizations	over the simplified acquisition threshold,	as defined in Federal Acquisition Regulation  2.101 on the date of subcontract	award, issued under this contract and covering those communications	services and facilities-             (1) That are	or have been sold or offered for sale by the Contractor to the public,             (2) That can be provided over commercially	available equipment, or             (3) That involve	relatively minor modifications.    **Parent topic:**  52.227 [Reserved]
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