ARPA-E looking for "Teaming Partners" UPDATE

The wording of this announcement provides a chance to pause and question DOE intent. The results of the DOE reviews were not as negative as indicated by the wording in this RFI (those interested should re-read reports of the reviews). Their statements that "repeatability of the key evidence over multiple trials of seemingly the same experiment remains elusive to this day" and "results were typically not reported with the level of scientific rigor required by top-tier research journals" do not reflect the technical history in an accurate manner. I am concerned that DOE might like to discount all the past results of others, to start a "refreshingly new" ARPA-E LENR program, which would enable DOE managers then to conclude that this technology should not be supported.

Quote from NEPS*NewEnergy

The results of the DOE reviews were not as negative as indicated by the wording in this RFI (those interested should re-read reports of the reviews).

Do you mean the 2004 DoE review? Overall the review was a travesty. See:

2004 DoE Review

Most of the reviews were outrageous. They violated elementary school principles of science. However, some of the reviewers wrote accurate descriptions and voted in favor of funding. There were 6 Yes votes, 10 No, and 2 abstentions. See Table 1:

https://www.lenr-canr.org/acrobat/RothwellJresponsest.pdf

Yes, Jed, it was a travesty, but there were those 6 Yes votes and 2 abstentions, and some of the reviewers were in favor of funding. Wording in the ARPA RFI seems to overlook that reality.

Shane, the world is on fire, and DOE is relying on hot fusion to save humanity, although it won't be ready in time or in a small enough footprint. The same office and personnel initiating the LENR RFI are part of the hot fusion community, so they have their hands full doing that. Some may have a potential conflict of interest, preventing them from giving full attention to LENR.

NASA partners with Global Energy Corporation to Develop 10kW Hybrid Reactor Generator" Shane D. Apr 23rd 2018

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NASA partners with Global Energy Corporation to develop 10kW Hybrid Reactor Generator

[…]


Thanks to Ahlfors for finding this important document that shows GEC, represented by Dr. Jay Khim, signing an agreement on 12/20/2017, to partner with NASA GRC to develop an LENR based 10kW (later to be scaled to 100kWs) generator.

Shane D.

Apr 23rd 2018

Your connection to this site is secure

Disclaimer of Liability: NASA is not restricted in, or liable for, the use, disclosure, or reproduction of Data without a restrictive notice or for Data Partner gives, or is required to give, the U.S. Government without restriction.

JedRothwell

REIMBURSABLE SPACE ACT UMBRELLA AGREEMENT BETWEEN THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION GLENN RESEARCH CENTER AND GLOBAL ENERGY CORPORATION FOR DEVELOPMENT AND TESTING OF A HIGH POWER SPACE GENERATOR.

ARTICLE 1. AUTHORITY AND PARTIES

In accordance with the National Aeronautics and Space Act (51 U.S.C. 201 13), this Agreement is entered into by the National Aeronautics and Space Administration Glenn Research Center, located at 21000 Brookpark Road, Cleveland, OH 44135 (hereinafter referred to as "NASA" or "NASA GRC") and Global Energy Corporation, N/A located at 5101B Backlick Rd., Annandale, VA 22003 (hereinafter referred to as "Partner" or "GEC"). NASA and Partner may be individually referred to as a "Party" and collectively referred to as the "Parties."

ARTICLE 2. PURPOSE AND IMPLEMENTATION

This Umbrella Agreement (hereinafter referred to as the "Agreement" or "Umbrella Agreement") shall be for the purpose of NASA and

GEC to create a partnership to develop a 10 kW thermal power generator, that can be scaled to 100 kWt.

The initial goal is to develop and run a selfsustaining 10 kW thermal, 2 kW electric, hybrid generator suitable for planetary space missions and planetary surface power.

Such generator technology would be scalable to 100 kWt at the Plum Brook Facility. Larger generator designs would be built and run at an appropriate offsite location.

The Parties shall execute one

(l) Annex Agreement (hereinafter referred to as the "Annex") concurrently with this Umbrella Agreement.

The Parties may execute subsequent Annexes under this Umbrella Agreement consistent with the purpose and terms of this Umbrella Agreement.

This Umbrella Agreement shall govern all Annexes executed hereunder; no Annex shall amend this Umbrella Agreement.

Each Annex will detail the specific purpose of the proposed activity, responsibilities, schedule and milestones, and any personnel, property or facilities to be utilized under the task.

This Umbrella Agreement takes precedence over any Annexes. In the event of a conflict between the Umbrella Agreement and any Annex concerning the meaning of its provisions, and the rights, obligations and remedies of the Parties, the Umbrella Agreement is controlling.

ARTICLE 3. RESPONSIBILITIES

A. NASA GRC will use reasonable efforts to:

l. Provide support of projects undertaken in any Annex;

2.Provide internal coordination of approvals for Annexes;

3.Provide for a single point of contact for Annex development and operations.

B. Partner will use reasonable efforts to:

l. Provide support of projects undertaken in any Annex;

2.Provide internal coordination of approvals for Annexes;

3.Provide for a single point of contact for Annex development and operations.

ARTICLE 4. SCHEDULE AND MILESTONES

The planned major milestones for the activities defined in the "Responsibilities" Article are as follows:

l. Phase I testing completed by NASA GRC.or 12/30/2018.

2. Phase Il testing complete by NASA GRC. On or about 12/30/2019.

3. Phase Ill testing complete by NASA GRC. On or about 12/30/2020.

On about...

The Parties shall execute one

(l) Annex concurrently with this Umbrella Agreement. The initial Annex and any subsequent Annexes will be performed on the schedule and in accordance with the milestones set forth in each respective Annex.

ARTICLE 5. FINANCIAL OBLIGATIONS

A. Partner agrees to reimburse NASA as set forth in each Annex for NASA to carry out its responsibilities under this Agreement. Partner shall make payment in advance of initiation Of NASA's efforts on behalf of the Partner. Advance payments shall be scheduled to ensure that funds are resident with NASA before Federal obligations are incurred in support of work on behalf of the Partner.

B. Payment shall be payable to the National Aeronautics and Space Administration through the NASA Shared Services Center (NSSC) (choose one form of payment):

(l) U.S. Treasury FEDWIRE Deposit System, Federal Reserve Wire Network Deposit System;

(2) pay.gov at http://www.nssc.nasa.gov/customerservice (select "Pay NASA" from the Quick Links to the left of the page); or

(3) check. A check should be payable to NASA and sent to: NASA Shared Services Center

FMD — Accounts Receivable For the Accounts of:Glenn Research Center [At the time of payment, please indicate which NASA Center for the Umbrella Agreement or annex, as appropriate]

Jerry Hlass Rd., Stennis Space Center, MS 39529

1) Note that Annexes may originate from different Centers.

Each payment shall be properly identified by Center. Payment by electronic transfer [#1 or #2, above], is strongly encouraged, and payment by check is to be used only if circumstances preclude the use of electronic transfer.

2) All payments and other communications regarding this Agreement shall reference the Center name, title, date, and number of this Agreement.

C. Notwithstanding any other provision of this Agreement, all activities under or pursuant to this Agreement are subject to the availability of funds, and no provision of this Agreement shall be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency Act, (3 1 U.S.C. 1341).

ARTICLE 6. PRIORITY OF USE

Any schedule or milestone in this Agreement is estimated based upon the Parties' current understanding of the projected availability of NASA goods, services, facilities, or equipment. In the event that NASA's projected availability changes, Partner shall be given reasonable notice of that change, so that the schedule and milestones may be adjusted accordingly.

The Parties agree that NASA's use of the goods, services, facilities, or equipment shall have priority over the use planned in this Agreement.

Should a conflict arise, NASA in its sole discretion shall determine whether to exercise that priority.

Likewise, should a conflict arise as between two or more non NASA Partners, NASA, in its sole discretion, shall determine the priority as between those Partners. Diadon Acs This highlights key differences to the DAO model.

This Agreement does not obligate NASA to seek alternative government property or services under the jurisdiction of NASA at other locations.

ARTICLE 7. NONEXCLUSIVITY

This Agreement is not exclusive; accordingly, NASA may enter into similar agreements for the same or similar purpose with other private or public entities.

ARTICLE 8. LIABILITY AND RISK OF LOSS

A. Partner hereby waives any claims against NASA, its employees, its related entities, (including, but not limited to, contractors and subcontractors at any tier, grantees, investigators, customers, users, and their contractors and subcontractors, at any tier) and employees of NASA's related entities for any injury to, or death of, Partner employees or the employees of Partner's related entities, or for damage to, or loss of, Partner's property or the property of its related entities arising from or related to activities conducted under this Agreement, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct.

B. Partner further agrees to extend this unilateral waiver to its related entities by requiring them, by contract or otherwise, to waive all claims against NASA, its related entities, and employees of NASA and employees of NASA's related entities for injury, death, damage, or loss arising from or related to activities conducted under this Agreement.

ARTICLE 9. INTELLECTUAL PROPERTY RIGHTS - DATA RIGHTS

A. General

l . "Related Entity" as used in this Data Rights Article means a contractor, subcontractor, grantee, or other entity having a legal relationship with NASA or Partner that is assigned, tasked, or contracted to perform activities under this Agreement.

2. "Data" means recorded information, regardless of form, the media on which it is recorded, or the method of recording.

3. "Proprietary Data" means Data embodying trade secrets developed at private expense or commercial or financial information that is privileged or confidential, and that includes a restrictive notice, unless the Data is:

a. known or available from other sources without restriction;

b. known, possessed, or developed independently, and without reference to the Proprietary Data;

c. made available by the owners to others without restriction; or

d. required by law or court order to be disclosed.

4. Data exchanged under this Agreement is exchanged without restriction except as otherwise provided herein.

5. Notwithstanding any restrictions provided in this Article, the

Parties are not restricted in the use, disclosure, or reproduction of Data provided under this Agreement that meets one of the exceptions in 3., above. If a Party believes that any exceptions apply, it shall notify the other Party before any unrestricted use, disclosure, or reproduction of the Data.

6. The Parties will not exchange preexisting Proprietary Data under this Agreement unless authorized herein or in writing by the owner.

7. If the Parties exchange Data having a notice that the Receiving Party deems is ambiguous or unauthorized, the Receiving Party shall tell the Providing Party. If the notice indicates a restriction, the Receiving Party shall protect the Data under this Article unless otherwise directed in writing by the Providing Party.

8. The Data rights herein apply to the employees and Related Entities of Partner. Partner shall ensure that its employees and Related Entity employees know about and are bound by the obligations under this Article.

9. Disclaimer of Liability: NASA is not restricted in, or liable for, the use, disclosure, or reproduction of Data without a restrictive notice or for Data Partner gives, or is required to give, the U.S. Government without restriction.

10. Partner may use the following or a similar restrictive notice :.

Proprietary Data Notice

The data herein include Proprietary Data and are restricted under the Data Rights provisions of Space Act Agreement [provide applicable identifying information].

Partner should also mark each page containing Proprietary Data with the following or a similar legend: "Proprietary Data — Use And Disclose Only Under the Notice on the Title or Cover Page."

B. Data First Produced by Partner Under this Agreement

If Data first produced by Partner or its Related Entities under this Agreement is given to NASA, and the Data is Proprietary Data, and it includes a restrictive notice, NASA will use reasonable efforts to protect it.

The Data will be disclosed and used (under suitable protective conditions) only for U.S. Government purposes.

C. Data First Produced by NASA Under this Agreement

If Partner requests that Data first produced by NASA under this Agreement be protected, and NASA determines it would be Proprietary Data if obtained from Partner, NASA will mark the Data with a restrictive notice and will use reasonable efforts to protect it for the period of time specified in the Annex under which the Data is produced. During this restricted period the Data may be disclosed and used (under suitable protective conditions) for U.S. Government purposes only, and thereafter for any purpose.

JedRothwell You can comment.

Partner must not disclose the Data without NASA's written approval during the restricted period. The restrictions placed on NASA do not apply to Data disclosing a NASA owned invention for which patent protection is being considered.

D. Publication of Results

The National Aeronautics and Space Act (51 U.S.C. 20112) requires NASA to provide for the widest practicable and appropriate dissemination of information concerning its activities and the results thereof. As such, NASA may publish unclassified and non-Proprietary Data resulting from work performed under this Agreement. The Parties will coordinate publication of results allowing a reasonable time to review and comment.

E. Data Disclosing an Invention

If the Parties exchange Data disclosing an invention for which patent protection is being considered, and the furnishing Party identifies the Data as such when providing it to the Receiving Party, the Receiving Party shall withhold it from public disclosure for one (l) year.

F. Copyright

Data exchanged with a copyright notice and with no restrictive notice is presumed to be published. The following royalty-free licenses apply.

l . If indicated on the Data that it was produced outside of this Agreement, it may be reproduced, distributed, and used to prepare derivative works only for carrying out the Receiving Party's responsibilities under this Agreement.

2. Data without the indication of l . is presumed to be first produced under this Agreement. Except as otherwise provided in paragraph E. of this Article, and in the Invention and Patent Rights Article of this Agreement for protection of reported inventions, the Data may be reproduced, distributed, and used to prepare derivative works for any purpose.

G. Data Subject to Export Control

Whether or not marked, technical data subject to the export laws and regulations of the United States provided to Partner under this Agreement must not be given to foreign persons or transmitted outside the United States without proper U.S. Government authorization.

H. Handling of Background, Third Party and Controlled Government Data

l. NASA or Partner (as Disclosing Party) may provide the other Party or its Related Entities (as Receiving Party):

a. Proprietary Data developed at the Disclosing Party's expense outside of this Agreement (referred to as Background Data);

b. Proprietary Data of third parties that the Disclosing Party has agreed to protect or is required to protect under the Trade Secrets Act (18 U.S.C. 1905) (referred to as Third Party Proprietary Data); and

c. U.S. Government Data, including software and related Data, the Disclosing Party intends to control (referred to as Controlled Government Data).

2. Anll Background, Third Party Proprietary and Controlled Government Data provided by Disclosing Party to Receiving Party shall be marked by Disclosing Party with a restrictive notice and protected by Receiving Party in accordance with this Article.

3. Identification of Data:

a. All Background, Third Party Proprietary and Controlled Government Data provided by Disclosing Party shall be identified in the Annex under which it will be provided.

b. NASA software and related Data provided to Partner shall be identified in the Annex under which it will be used. Software and related Data will be provided to Partner under a separate Software Usage Agreement (SUA). Partner shall use and protect the related Data in accordance with this Article. Unless the SUA authorizes retention, or Partner enters into a license under 37 C.F.R. Part 404, the related Data shall be disposed of as instructed by NASA.

4. For such Data with a restrictive notice pursuant to H.2. or Data identified in an Annex, Receiving Party shall:

a. Use, disclose, or reproduce such Data only as necessary under this Agreement;

b. Safeguard such Data from unauthorized use and disclosure;

c. Allow access to such Data only to its employees and any Related Entity requiring access under this Agreement;

d. Except as otherwise indicated in 4.c., preclude disclosure outside Receiving Party's organization;

e. Notify its employees with access about their obligations under this Article and ensure their compliance, and notify any Related Entity with access about their obligations under this Article; and

f. Dispose of such Data as Disclosing Party directs.

I. Oral and visual information

If Partner discloses Proprietary Data orally or visually, NASA will have no duty to restrict, or liability for disclosure or use, unless Partner:

l . Orally informs NASA before initial disclosure that the Data is Proprietary Data, and

2. Reduces the Data to tangible form with a restrictive notice and gives it to NASA within ten( 10) calendar days after disclosure.

ARTICLE 10. INTELLECTUAL PROPERTY RIGHTS - INVENTION AND PATENT RIGHTS

A. General

l . NASA has determined that 51 U.S.C. 20135(b) does not apply to this

Agreement. Therefore, title to inventions made (conceived or first actually reduced to practice) under this Agreement remain with the respective inventing party(ies). No invention or patent rights are exchanged or granted under this Agreement, except as provided herein.

2. "Related Entity" as used in this Invention and Patent Rights Article means a contractor, subcontractor, grantee, or other entity having a legal relationship with NASA or Partner assigned, tasked, or contracted with to perform activities under this Agreement.

3. The invention and patent rights herein apply to employees and Related Entities of Partner. Partner shall ensure that its employees and Related Entity employees know about and are bound by the obligations under this Article.

B SA Inventions

NASA will use reasonable efforts to report inventions made under this Agreement by its employees. Upon request, NASA will use reasonable efforts to grant Partner, under 37 C.F.R. Part 404, a negotiated license to any NASA invention made under this Agreement. This license is subject to paragraph E.I. of this Article.

C. NASA Related Entity Inventions

NASA will use reasonable efforts to report inventions made under this Agreement by its Related Entity employees, or jointly between NASA and Related Entity employees, where NASA has the right to acquire title. Upon request, NASA will use reasonable efforts to grant Partner, under 37

C.F.R. Part 404, a negotiated license to any of these inventions where NASA has acquired title. This license is subject to paragraph E.2. of this Article.

D. Joint Inventions With Partner

The Parties will use reasonable efforts to report, and cooperate in obtaining patent protection on, inventions made jointly between NASA employees, Partner employees, and employees of either Party's Related Entities. Upon timely request, NASA may, at its sole discretion and subject to paragraph E. of this Article:

l . refrain from exercising its undivided interest inconsistently with Partner's commercial business; or

2. use reasonable efforts to grant Partner, under 37 C.F.R. Part 404, an exclusive or partially exclusive negotiated license.

E. Rights to be Reserved in Partner's License

Any license granted Partner under paragraphs B., C., or D. of this Article is subject to the following:

I . For inventions made solely or jointly by NASA employees, NASA reserves the irrevocable, royalty-free right of the U.S. Government to practice the invention or have it practiced on behalf of the United States or on behalf of any foreign government or international organization pursuant to any existing or future treaty or agreement with the United States.

2. For inventions made solely or jointly by employees of a NASA Related Entity, NASA reserves the rights in l . above, and a revocable, nonexclusive, royalty-free license retained by the Related Entity under 14 C.F.R. 1245.108 or 37 C.F.R. 401.14 (e).

F. Protection of Reported Inventions

For inventions reported under this Article, the Receiving Party shall withhold all invention reports or disclosures from public access for a reasonable time (l year unless otherwise agreed or unless restricted longer herein) to facilitate establishment of patent rights.

G. Patent Filing Responsibilities and Costs

l . The invention and patent rights herein apply to any patent application or patents covering an invention made under this Agreement. Each Party is responsible for its own costs of obtaining and maintaining patents covering sole inventions of its employees. The Parties may agree otherwise, upon the reporting of any invention (sole or joint) or in any license granted. 2. Partner shall include the following in patent applications for an invention made jointly between NASA employees, its Related Entity employees and Partner employees:

The invention described herein may be manufactured and used by or for the U.S. Government for U.S. Government purposes without the payment of royalties thereon or therefore.

Partner is hereby informed that it can locate NASA technology available for licensing by visiting the following website address — http://technology.nasa.gov.

ARTICLE I l . USE OF NASA NAME AND NASA EMBLEMS AND RELEASE OF GENERAL INFORMATION TO THE PUBLIC

A. NASA Name and Initials

Partner shall not use "National Aeronautics and Space Administration" or "NASA" in a way that creates the impression that a product or service has the authorization, support, sponsorship, or endorsement ofNASA, which does not, in fact, exist. Except for releases under the "Release of General Information to the Public and Media" Article, Partner must submit any proposed public use of the NASA name or initials (including press releases and all promotional and advertising use) to the NASA Associate Administrator for the Office of Communications or designee ("NASA Communications") for review and approval. Approval by NASA Office of Communications shall be based on applicable law and policy governing the use of the NASA name and initials.

B. NASA Emblems

Use of NASA emblems (i.e., NASA Seal, NASA Insignia, NASA logotype, NASA Program Identifiers, and the NASA Flag) is governed by 14 C.F.R. Part 1221. Partner must submit any proposed use of the emblems to NASA Communications for review and approval.

ARTICLE 12. RELEASE OF GENERAL INFORMATION TO THE PUBLIC AND MEDIA

NASA or Partner may, consistent with Federal law and this Agreement, release general information regarding its own participation in this Agreement as desired.

Pursuant to Section 841 (d) of the NASA Transition Authorization Act of 2017, Public Law 11510 (the "NTAA"), NASA is obligated to publicly disclose copies of all agreements conducted pursuant to NASA's 51 U.S.C. POI 13(e) authority in a searchable format on the NASA website within 60 days after the agreement is signed by the Parties.

ARTICLE 13. DISCLAIMER OF WARRANTY

Goods, services, facilities, or equipment provided by NASA under this Agreement are provided "as is." NASA makes no express or implied warranty as to the condition of any such goods, services, facilities, or equipment, or as to the condition of any research or information generated under this Agreement, or as to any products made or developed under or as a result of this Agreement including as a result of the use of information generated hereunder, or as to the merchantability or fitness for a particular purpose of such research, information, or resulting product, or that the goods, services, facilities or equipment provided will accomplish the intended results or are safe for any purpose including the intended purpose, or that any of the above will not interfere with privately-owned rights of others. Neither the government nor its contractors shall be liable for special, consequential or incidental damages attributed to such equipment, facilities, technical information, or services provided under this Agreement or such research, information, or resulting products made or developed under or as a result of this Agreement.

ARTICLE 14. DISCLAIMER OF ENDORSEMENT

NASA does not endorse or sponsor any commercial product, service, or activity. NASA's participation in this Agreement or provision of goods, services, facilities or equipment under this Agreement does not constitute endorsement by NASA. Partner agrees that nothing in this Agreement will be construed to imply that NASA authorizes, supports, endorses, or sponsors any product or service of Partner resulting from activities conducted under this Agreement, regardless of the fact that such product or service may employ NASA-developed technology.

ARTICLE 15. COMPLIANCE WITH LAWS AND REGULATIONS

A. The Parties shall comply with all applicable laws and regulations including, but not limited to, safety; security; export control; environmental; and suspension and debarment laws and regulations. Access by a Partner to NASA facilities or property, or to a NASA Information Technology (IT) system or application, is contingent upon compliance with NASA security and safety policies and guidelines including, but not limited to, standards on badging, credentials, and facility and IT system/application access.

B. With respect to any export control requirements:

l . The Parties will comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120 through 130, and the

Export Administration Regulations (EAR), 15 C.F.R. Parts 730 through 799, in performing work under this Agreement or any

Annex to this Agreement.

In the absence of available license exemptions or exceptions, the Partner shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data and software, or for the provision of technical assistance.

2. The Partner shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of work under this Agreement or any Annex under this Agreement, including instances where the work is to be performed on-site at NASA and where the foreign person will have access to export-controlled technical data or software.

3. The Partner will be responsible for all regulatory record-keeping requirements associated with the use of licenses and license exemptions or exceptions.

4. The Partner will be responsible for ensuring that the provisions of this Article apply to its Related Entities.

C. With respect to suspension and debarment requirements:

l . The Partner hereby certifies, to the best of its knowledge and belief, that it has complied, and

shall comply, with 2 C.F.R. Part 180, Subpart C, as supplemented by 2 C.F.R. Part 1880, Subpart

c.

2. The Partner shall include language and requirements equivalent to those set forth in subparagraph C.I ., above, in any lower-tier covered transaction entered into under this Agreement.

ARTICLE 16. TERM OF AGREEMENT

This Agreement becomes effective upon the date of the last signature below ("Effective Date") and shall remain in effect until the completion of all obligations of both Parties hereto, or five years from the Effective Date, whichever comes first.

ARTICLE 17. RIGHT TO TERMINATE

Either Party may unilaterally terminate this Umbrella Agreement or any Annex(es) by providing thirty (30) calendar days written notice to the other Party. Termination of an Annex does not terminate this Umbrella Agreement. However, the termination or expiration of this Umbrella Agreement also constitutes the termination of all outstanding Annexes. In the event of termination of any of the Annex(es), Partner will be obligated to reimburse NASA for all its costs which have been incurred in support of that Annex(es) up to the date the termination notice was received by NASA. In the event of termination of this Umbrella Agreement, Partner will be obligated to reimburse NASA for all costs which it incurred in support of this Umbrella Agreement up to the date the termination notice was received by NASA. Where Partner terminates this Umbrella Agreement or any Annex(es), Partner will also be responsible for those costs which are incurred as a result of such termination.

ARTICLE 18. CONTINUING OBLIGATIONS

The rights and obligations of the Parties that, by their nature, would continue beyond the expiration or termination of this Agreement, e.g., "Liability and Risk of Loss", "Intellectual Property Rights"-related clauses, and "Financial Obligations" shall survive such expiration or termination of this Agreement.

ARTICLE 19. POINTS OF CONTACT

The following personnel are designated as the Points of Contact between the Parties in the performance of this Agreement. Annexes may designate Points of Contact for purposes of the Annex activities.

Management Points of Contact

NASA Global Energy Corporation

Gerald M Hill Lawrence P. Forsley

Facility Manager SVP/CTO for Global Energy Corporation

Mail stop: PB 5101B Backlick Rd.

I l

21000 Brookpark Road Annandale, VA 22003

Cleveland, OH 44135 Phone: 703-216-5566

Phone: 419-621-3235 Fax: 703-256-8704

Fax: 419-621-3266 [email protected] [email protected]

ARTICLE 20. DISPUTE RESOLUTION

Except as otherwise provided in the Article entitled "Priority of Use, " the Article entitled

"Intellectual Property Rights — Invention and Patent Rights" (for those activities governed by 37 C.F.R. Part 404), and those situations where a pre-existing statutory or regulatory system exists (e.g., under the Freedom of Information Act, 5 U.S.C. 552), all disputes concerning questions of fact or law arising under this Agreement or Annex shall be referred by the claimant in writing to the appropriate person identified in this Agreement for purposes of the activities undertaken in the Agreement, or Annex(es) for purposes of the activities undertaken in the Annex(es) as the "Points ofContact." The persons identified as the "Points of Contact" for NASA and the Partner will consult and attempt to resolve all issues arising from the implementation of this

Agreement. If they are unable to come to agreement on any issue, the dispute will be referred to the signatories to this Agreement, or their designees, for joint resolution. If the Parties remain unable to resolve the dispute, then the NASA signatory or that person's designee, as applicable, will issue a written decision that will be the final agency decision for the purpose ofjudicial review. Nothing in this Article limits or prevents either Party from pursuing any other right or remedy available by law upon the issuance of the final agency decision.

ARTICLE 21. MODIFICATIONS

Any modification to this Umbrella Agreement shall be executed, in writing, and signed by an authorized representative of NASA and the Partner. Accompanying Annexes may be modified under the same terms. Modification ofan Annex does not modify the Umbrella Agreement.

ARTICLE 22. ASSIGNMENT

Neither this Agreement nor any interest arising under it will be assigned by the Partner or NASA without the express written consent of the officials executing, or successors, or higher- level officials possessing original or delegated authority to execute this Agreement.

ARTICLE 23. APPLICABLE LAW

U.S. Federal law governs this Agreement for all purposes, including, but not limited to, determining the validity of the Agreement, the meaning of its provisions, and the rights, obligations and remedies of the Parties.

ARTICLE 24. INDEPENDENT RELATIONSHIP

This Agreement is not intended to constitute, create, give effect to or otherwise recognize a joint

12

venture, partnership, or formal business organization, or agency agreement of any kind, and the rights and obligations of the Parties shall be only those expressly set forth herein.

ARTICLE 25. LOAN OF GOVERNMENT PROPERTY

The parties shall enter into a NASA Form 893, Loan of NASA Equipment, for NASA equipment loaned to Partner, if applicable.

ARTICLE 26. SIGNATORY AUTHORITY

The signatories to this Agreement covenant and warrant that they have authority to execute this Agreement. By signing below, the undersigned agrees to the above terms and conditions.

NATIONAL AERONAUTICS AND SPACE GLOBAL ENERGY CORPORATION

ADMINISTRATION

GLENN RESEARCH CENTER N/A

BY: BY:

Center Direc or CEO, Global Energy Corporation

DATE: DATE: 12/20/2017

Janet Dr. Jay W. Khim

13

Yes ARPA-E

Quote from Shane D.

the DOE has been quietly providing funding for LENR research for many years

Larry Forsley is an employee of NASA, with an office at GRC, or so I believe.

Lawrence Forsley is also a SPAWAR JWK DoD collaborator... i.e Employee or collaborator. As I see it duplicitous.

NASA Technology Transfer Portal Home

Quote from Gregory Byron Goble

Likewise, should a conflict arise as between two or more non NASA Partners, NASA, in its sole discretion, shall determine the priority as between those Partners. Diadon Acs This highlights key differences to the DAO model.

Indeed. Applying these types of Intellectual walled gardens can sometimes hurt the progression of development from my point of view. A good example is when Tesla open sourced all of there engine designs to increase the production of EVs to competitors. We can still give credit to the creators while keeping the information open for all who are passionate about bringing this technology to market. I think the old adage, "a rising tide raises all ships" should be used in approaching energy abundance on global scale.
Appreciate you mentioning me to read this over

Italy is represented, that's good, we can no longer say that USA don't have an open mind if they find a relevant team elsewhere.

Quote from Shane D.

Believers keep coming out of the woodwork, and this initiative, and the X-Prize, should draw even more out.

Is the X-Prize a sure thing? Or a likely thing?

JedRothwell - The LENR X-Prize is currently only a proposal by Peter Diamandis.

This is the funding description from the ARPA-E website....

The Advanced Research Projects Agency – Energy (ARPA–E) is considering issuing a new Exploratory Topic under Funding Opportunity Announcements (FOAs) DE‐FOA‐0002784 and DE‐FOA‐0002785 to solicit applications for financial assistance in pursuit of hypotheses-driven approaches toward realizing diagnostic evidence of Low-Energy Nuclear Reactions (LENR) that are convincing to the wider scientific community. A goal of this Exploratory Topic will be to establish clear practices to rigorously answer the question, “should this field move forward given that LENR could be a potentially transformative carbon-free energy source, or does it conclusively not show promise?”

ARPA-E acknowledges the complex, controversial history of LENR beginning with the announcement by Martin Fleischmann and Stanley Pons in 1989 that they had achieved deuterium-deuterium (D-D) “cold fusion” in an electrochemical cell.[1] DOE reviews in 1989 and 2004 both concluded that the body of evidence to date did not support the claim of D-D fusion, but that research proposals on deuterated heavy metals should be evaluated under the standard peer-review process. This has not happened, in part because LENR was largely dismissed by the scientific research community by 1990.[2] Nevertheless, many groups from around the world continued to conduct varied LENR experiments on minimal budgets and to report evidence of excess heat and nuclear reactions (including neutrons, tritium, ³He, ⁴He, transmutation products, and isotopic shifts) in hundreds of reports/papers.[3] However, repeatability of the key evidence over multiple trials of seemingly the same experiment remains elusive to this day.[4] This may be due to limitations in experimental or diagnostic techniques, lack of awareness and/or control of the key triggers and independent variables of LENR experiments, or other reasons. Furthermore, results were typically not reported with the level of scientific rigor required by top-tier research journals. As a result, LENR as a field remains in a stalemate where lack of adequate funding inhibits the rigorous results that would engender additional funding and more rigorous studies.

For these reasons, ARPA-E has over the past 2+ years revisited the history of LENR as a field, studied the literature, released a general RFI[5] on nonconventional fusion approaches (that received many LENR-related responses), and held a LENR workshop.[6] The workshop was attended by 100+ people, including long-time and newer LENR researchers, non-LENR researchers from adjacent research disciplines, and other interested stakeholders. Institutions represented at the workshop included government laboratories/FFRDCs, top research universities, and private companies. The information gathered and received by ARPA-E, including from reputable experts at prestigious U.S. academic institutions, laboratories, and private corporations, supports the decision to proceed with the announcement of this Teaming Partner List.

As described in more detail below, the purpose of this announcement is to facilitate multi-disciplinary teaming, especially among but not limited to LENR researchers and nuclear diagnostic experts. ARPA-E believes that such teaming will improve the chances of advancing the field of LENR. The FOA will provide specific program goals, technical metrics, and selection criteria. The FOA terms will be controlling. For the purposes of the Teaming Partner List, the following summarizes current planning for the FOA:

Based on its claimed characteristics, LENR may be an ideal form of nuclear energy with potentially low capital cost, high specific power and energy, and little-to-no radioactive byproducts. If LENR can be irrefutably demonstrated and scaled, it could potentially become a disruptive technology with myriad energy, defense, transportation, and space applications, all with strong implications for U.S. technological leadership. For energy applications, LENR could potentially contribute to decarbonizing sectors such as industrial heat and transportation (~50% of U.S. and global CO₂-equivalent emissions).

This forthcoming ARPA-E Exploratory Topic program aims to build on recent progress in the field,[7] with strong emphases on testing/confirming specific hypotheses (rather than focusing only on replication), identification and verifiable control of experimental variables and triggers, more comprehensive diagnostics and analysis, access to broader expertise and capabilities on research teams, and an insistence on peer review and publication in top-tier journals. To accomplish this goal, ARPA-E is looking for diverse interdisciplinary teams to obtain convincing empirical evidence of nuclear reactions in an LENR experiment through two possible categories:

A) LENR Experiments: The goal of this potential category would be to conduct LENR experiments through careful selection of specific, testable hypotheses that can be supported or retired upon the collection of correlated, multi-messenger nuclear diagnostics. Proposed LENR experiments would have a well-articulated connection to prior published LENR evidence. Principal Investigators would be expected to have a strong publication record of experimental work in leading journals, and at least one seasoned LENR practitioner (e.g., someone who has conducted and published results on LENR experiments) should be included on the team. Organizations and project teams interested in this potential category would either directly incorporate specialist capabilities described below or anticipate collaborating with one or more Capability Teams.

B) Capability Teams: The goal of this potential category would be to provide specialist support to LENR experiments, including but not limited to nuclear diagnostic detectors and capabilities, materials fabrication, elemental/isotopic sample analysis, statistical analysis, experimental design and related modeling, and calorimetry (note, however, that calorimetry would likely not be acceptable as a sole or primary diagnostic).

As a general matter, ARPA–E strongly encourages outstanding scientists and engineers from different organization, scientific disciplines, and technology sectors to participate in this Exploratory Topic. Multidisciplinary and cross-sector collaboration spanning organizational boundaries enables and accelerates the achievement of scientific and technological outcomes that were previously viewed as extremely difficult, if not impossible.

A Teaming Partner List is being compiled to facilitate the formation of new project teams. ARPA-E intends to make the Teaming Partner List available on ARPA–E eXCHANGE (https://ARPA–E-foa.energy.gov), ARPA–E’s online application portal, starting in July 2022. Once posted, The Teaming Partner List will be updated periodically, until the close of the Full Application period, to reflect the addition of new Teaming Partners who have provided their information.

Any organization that would like to be included on the Teaming Partner list should complete all required fields in the following link: https://ARPA–E-foa.energy.gov/Applicantprofile.aspx. Required information includes: Organization Name; Contact Name; Contact Address; Contact Email; Contact Phone; Organization Type; and brief description of your Background, Interest, and Capabilities.

By submitting a response to this Announcement, respondents consent to the publication of the above-referenced information By facilitating and publishing this Teaming Partner List, ARPA-E is not endorsing, sponsoring, or otherwise evaluating the qualifications of the individuals and organizations that are self-identifying themselves for placement on this Teaming Partner List. ARPA-E reserves the right to remove any inappropriate responses to this Announcement (including lack of sufficient relevance to, or experience with, the technical topic of the Announcement). ARPA–E will not pay for the provision of any information, nor will it compensate any respondents for the development of such information. Responses submitted via email or other means will not be considered.

This Announcement does not constitute a Funding Opportunity Announcement (FOA). No FOA exists at this time. Applicants must refer to the final Exploratory Topic, expected to be issued in August 2022 under the FOAs noted at the beginning of this Teaming Partner List, for instructions on submitting an application, the desired technical metrics, and for the terms and conditions of funding.

[1] M. Fleischmann and S. Pons, “Electrochemically induced nuclear fusion of deuterium,” J. Electroanal. Chem. Int. Electrochem. 261, 201 (1989); https://doi.org/10.1016/0022-0728(89)80006-3.

[2] For historical accounts of LENR, see, e.g. J. R. Huizenga, Cold Fusion: The Scientific Fiasco of the Century (University of Rochester Press, Rochester, NY, 1993); E. Storms, The Science of Low Energy Nuclear Reaction (World Scientific, Singapore, 2007); S. B. Krivit, Hacking the Atom (Pacific Oaks Press, San Rafael, CA, 2016); and S. B. Krivit, Fusion Fiasco (Pacific Oaks Press, San Rafael, CA, 2016).

[3] See, e.g., https://lenr-canr.org and the bibliographies of the books by Storms and Krivit in footnote 2.

[4] See, e.g., the books by Huizenga and Krivit in footnote 2 for critical discussions of LENR evidence.

[5] https://arpa-e-foa.energy.gov/…onal%20fusion&SearchType=.

[6] https://arpa-e.energy.gov/even…uclear-reactions-workshop.

[7] See C.P. Berlinguette et. al., “Revisiting the cold case of cold fusion,” Nature 570, 45 (2019) and references therein, and presentations at the ARPA-E LENR Workshop: https://arpa-e.energy.gov/even…uclear-reactions-workshop.