Material Transfer Agreement: FA Antibodies and Research Reagents

Fanconi Anemia Research Fund

The Fanconi Anemia Research Fund [Fund] is providing the materials referred to below to promote and facilitate research to understand and cure Fanconi anemia. In consideration of the receipt of these materials, the undersigned investigator and institution agree to use the materials subject to the following terms and conditions:

In response to the RECIPIENT's request for the MATERIAL the PROVIDER asks that the RECIPIENT agree to the following before the RECIPIENT receives the MATERIAL:

1. The above MATERIAL is the property of the PROVIDER and is made available as a service to the Fanconi Anemia research community.
2. The term of this Agreement shall commence on the last date of signature (hereinafter “Effective Date”) and shall continue until completion of research or for a period of seven (7) years, which ever comes first. Upon expiration of this Agreement, RECIPIENT’S SCIENTIST agrees to present PROVIDER a written statement that MATERIAL has been destroyed.
3. The MATERIAL will be used solely by RECIPIENT’S SCIENTIST for not-for-profit research purposes only. The MATERIAL may not be used for any commercial development directly or indirectly unless a license granting same is executed with the Fanconi Anemia Research Fund.
4. RECIPIENT agrees not to sell or otherwise transfer the MATERIAL, or any unmodified derivates of the MATERIAL, to any other party, whether with or without consideration, for any purpose or use.
5. The MATERIAL will not be further distributed to others without the PROVIDER's written consent. The RECIPIENT shall refer any request for the MATERIAL to the PROVIDER.
6. The RECIPIENT agrees to acknowledge PROVIDER as the source of the MATERIAL in any publications reporting its use.
7. Any MATERIAL delivered pursuant to this Agreement is understood to be experimental in nature and may have hazardous properties. THE PROVIDER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE MATERIAL WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS. Unless prohibited by law, RECIPIENT assumes all liability for claims for damages against it by third parties which may arise from the use, storage or disposal of the MATERIAL by the RECIPIENT except that, to the extent permitted by law, the PROVIDER shall be liable to the RECIPIENT when the damage is caused by the gross negligence or willful misconduct of the PROVIDER.
8. THIS MATERIAL IS NOT FOR USE IN HUMAN SUBJECTS. Insofar as it is administered to animals, no animal to which the MATERIAL is administered or animal products derived there from will be used for food, therapeutic or diagnostic purposes, or kept as a domestic pet or livestock. Any cells which are treated with the MATERIAL will not be used for therapeutic or diagnostic purposes.
9. The RECIPIENT agrees to use the MATERIAL in compliance with all applicable laws, governmental regulations and guidelines, including without limitation current NIH guidelines and any regulations or guidelines pertaining to research with recombinant DNA, that may be applicable to the material.
10. The MATERIAL is provided at no cost. RECIPIENT is responsible for cost of shipping.
11. You must provide feedback as follows:
    1. The RECIPIENT agrees to present PROVIDER with timely information on best use of these materials for research via the FAAP website bulletin board. Uses, protocols, and examples of use in the form of photos can be posted via the FAAP website bulletin board when it is developed.
    2. The RECIPIENT further agrees to be identified as the source of posted technical information, protocols and photos, and to provide contact information with each posting to facilitate the further exchange of use information.
    3. The RECIPIENT agrees to cite the Fanconi Anemia Research Fund as the source of these materials in any published or presented research findings that utilize the materials.
12. If any provision of this agreement is declared invalid by any court, the remaining provisions shall not be affected thereby.
13. Article 6 and other provisions which by their context would survive, shall survive the termination of this Agreement.
14. This agreement represents the entire understanding and agreement of the parties and may not be modified except in writing by the parties. Effective on the date hereof, this agreement replaces and terminates all prior agreements between the parties with respect to this subject.