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6. Sharing. 1. Rates. The Owner's share of savings is determined by subtracting Owner costs from instant contract savings and multiplying the result by 60 percent. The Contractor's share of savings is determined by subtracting Owner costs from instant contract savings and multiplying the result by 40 percent. 2. Payment. Payment of any share due the Contractor for use of a VECP on this contract shall be authorized by a modification to this contract to-- (i) Accept the VECP; (ii) Reduce the contract price or estimated cost by the amount of instant contract savings; and (iii) Provide the Contractor's share of savings by adding the Contractor's share of savings to the contract price or fee. 7. ~ techniques recommended by the Contractor in each VECP is accepted by the Owner, have the equivalen urability as the materials, systems or techniques • '~kt5 M+~{ r~ ~'~ C~ . A~e~~un1, us~ ~~~. ~'Raxri~E ~Kt e~~czs P~p~~rr 8a~~--~P -cv w~w«E ~n~ 8. Data. The Contractor may restrict the Owner's right to use any part of a VECP or t^'''0'~'"`-6 ° the supporting data by marking the following legend on the affected parts: ~~'`~`'''"a ' "These data, furnished under the Value Engineering--Construction clause of contract , shall not be disclosed outside the Owner agencies or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Owner's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations." If a VECP is accepted, the Contractor hereby grants the Owner unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, the Owner shall have the rights specified in the contract modification implementing the VECP and shall appropriately mark the data. (The terms unlimited rights and limited rights are defined in part 27 of the Federal Acquisition Regulation.) III. Retaina~e: 1. The Contractor has requested that the Owner accept securities in lieu of retainage under terms of the construction contract, pursuant to ORS 279.420(3). 2. The parties have agreed to terms of a Security Agreement which would make this substitution possible. Upon execution of the Security Agreement by both parties, the Owner will cease withholding cash retainage under the construction contract so long as there is no default by Contractor under the construction contract or the Security Agreement. In the event Contractor defaults under the construction contract or the Security Agreement, Owner may immediately, in addition to any other rights or remedies under the Security Agreement, commence withholding