MODIFICATIONS TO TERMS AND CONDITIONS
KC-10 (LOGISTICS SUPPORT) COMMON
DAC 26-723 (06-92)
The following modifications are hereby made to Form DAC 26-685:
1. Add the following at the end of Article 6, "Changes:"
If this Contract calls for the performance of services, MDC may also make changes, in accordance with this Article, in the definition of the services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof.
2. Delete the following listed Clauses from Paragraph a. of Article 33:
(5) 7-103.23 Notice and Assistance Regarding Patent and Copyright Infringement.
(7) 7-103.26 Pricing of Adjustments.
(12) 7-104.6 Filing of Patent Applications.
(13) 7-104.8(b) Refund of Royalties.
(14) 7-104.9(a) Rights in Technical Data and Computer Software.
(15) 7-104.9(h) Technical Data Withholding of Payment.
(16) 7-104.9(p) Restrictive Markings on Technical Data.
(17) 7-104.12 Military Security Requirements.
(24) 7-104.24(a) Government Property.
(25) 7-104.25 Special Tooling.
(26) 7-104.26 Special Test Equipment.
(29) 7-104.32 Duty-Free Entry - Qualifying Country End Products and Supplies.
(30) 7-104.37 Required Source for Jewel Bearings and Related Items.
(31) 7-104.38 Required Source for Miniature and Instrument Ball Bearings.
(32) 7-104.41(a) Audit by Department of Defense.
(36) 7-104.46 Required Sources for Precision Components for Mechanical Time Devices.
(37) 7-104.48 New Material.
(38) 7-104.49 Government Surplus.
(39) 7-104.61 Frequency Authorization.
(41) 7-104.64 Recovery of Nonrecurring Costs on Commercial Sales.
(44) 7-104.79 Safety Precautions for Ammunition and Explosives.
(48) 7-104.98 Hazardous Material Identification and Material Safety Data.
(49) 7-302.23(b) Patent Rights - Retention by the Contractor (Long Form) (Aug 1977).
3. Add the following listed Clauses to Paragraph a. of Article 33:
(50) 7-103.15 Rhodesia and Certain Communist Areas. This Clause only applies when acceptance of services or supplies is to take place outside the United States, its possessions, or Puerto Rico.
(51) 7-104.2(a) Workmen's Compensation Insurance (Defense Base Act). This Clause only applies where work is to be performed outside the United States.
(52) 7-1902.4 Inspection of Services. This Inspection Clause shall apply to all services to be performed under this Contract. Article 2 shall apply to all supplies, if any, to be delivered under this Contract. If, however, both services and supplies are to be performed and delivered hereunder, and it is not practicable to identify the separate items to which each of the Inspection Clauses should apply, Article 2 shall apply to all services and supplies.
4. Add the following Article:
39. LIMITATION ON USE, DUPLICATION, DISCLOSURE OF TECHNICAL DATA
Certain data which may be furnished by MDC to Seller under this Contract have been obtained by MDC and/or the Government subject to restriction upon disclosure. Such data or restricted portions are marked with an appropriate legend. Seller shall abide by the restrictions appearing on such data and shall not reproduce such data in whole or in part without reproducing such restrictions.
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