APPENDIX 2 343 



property not theretofore expended or delivered hereunder which have been 

 furnished by the Government or for the cost of which the Contractor has been 

 reimbursed or has the right to claim reimbursement hereunder; Provided, That, 

 upon the termination of the subject work, the Contractor shall have the right to 

 retain any such property other than (i) that furnished by the Government and 

 (ii) articles acquired for administrative purposes, unless notified by the Con- 

 tracting Officer that the further prosecution of the war renders such action in- 

 advisable, by returning to the Government such sum of money as the Contracting 

 Officer may determine to be fair and proper. 



(b) Disposition of Premises Altered or Constructed. After the termination of 

 the subject work, the Contractor shall elect, with respect to premises upon which 

 any alteration or construction has been done hereunder, whether (i) to retain 

 the benefit of such construction or alteration, in which case the Contractor shall 

 return to or credit the Government with the portion of the reimbursement by the 

 Government for its expenditure therefor determined by negotiation between the 

 Contractor and the Contracting Officer to be fair and proper, or (ii) to have such 

 premises restored to substantially the same condition as prior to such alteration or 

 construction, in which case it shall retain all such reimbursement and the Gov- 

 ernment shall pay the net cost of such restoration. The Contractor shall furnish 

 on request all information deemed relevant by the Contracting Officer. 



(c) Accountability for Property. Within one hundred twenty (120) days after 

 the termination of the subject work, the Contractor shall render an accounting, in 

 accordance with the instructions of the Contracting Officer, of all property the 

 disposition of which is governed by this Article. 



ARTICLE 4. (a) Responsibility of Contractor. The Contractor shall be re- 

 sponsible to the Government for loss of or damage to materials, supplies, apparatus, 

 equipment and any other property, real or personal, the disposition of which is 

 governed hereby, only if and so far as attributable to the wilful misconduct or lack 

 of good faith of an officer of the Contractor or of any other person having com- 

 plete or substantially complete charge of the establishment where any under- 

 taking hereunder by the Contractor is performed. 



(b) Insurance. The Contractor shall maintain insurance in such forms and 

 amounts and for such periods of time as the Contracting Officer may require or 

 approve. 



(c) Indemnity Clause. The Government shall indemnify the Contractor, from 

 such funds as may be hereafter appropriated by Congress for such purpose, 

 against loss or damage to persons or property arising from performance of its 

 undertakings hereunder (including settlements made with the written consent of 

 the Contracting Officer) not compensated for by insurance or otherwise, in 

 amounts found and certified by the Contracting Officer to be just and reasonable; 

 Provided, That the Contractor shall give the Contracting Officer prompt notice 

 of the institution of, and permit the Contracting Officer at his election to control 

 the defense of, all law suits instituted against the Contractor with respect to any 

 such alleged loss or damage. 



ARTICLE 5. Patent Provisions. [Long Form] (a) The Contractor hereby grants 

 to the Government of the United States an irrevocable option to purchase a non- 



