Tibor Guenther Horwath and Christel Horwath - Page 7

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               EOC.  The contractor shall identify, control, and                      
               document any hazards and control procedures associated                 
               with the process and include this documentation in the                 
               final report.  Any design, modeling, and hardware                      
               resulting from this effort shall become government                     
               property.                                                              
               Pursuant to the 1992 contract, TGC, inter alia, designed and           
          constructed a computer simulator (computer simulator) that                  
          consisted of a large calibrated star display, various computers,            
          a precision spin and positioning platform for seeker hardware,              
          assorted electronic devices, and special software developed for             
          controlling that equipment.  After TGC completed the testing and            
          analysis required by the 1992 contract, TGC was to transfer the             
          computer simulator and associated software to a United States               
          government facility in Florida for further testing.                         
               On May 14, 1996, TGC entered into contract DASG60-96-C-0042            
          (1996 contract) with SDC.  Pursuant to the 1996 contract, TGC was           
          to use the computer simulator, when completed, to study various             
          technical matters related to strategic intercept with low-cost              
          precision intercept devices.  Pursuant to that contract, SDC was            
          to pay TGC a total of $8,169,616.                                           
               On or about December 17, 1996, TGC completed the design,               
          construction, and testing of the computer simulator.  The com-              
          puter simulator was not transferred at that time or any other               
          time to the United States government facility in Florida.                   
               On November 6, 1997, petitioner Christel Horwath (Ms.                  
          Horwath) executed on behalf of TGC a document entitled “Contrac-            





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