Human Materials Transfer Agreement

Human Materials Transfer Agreement

Identifying Information Table

“Stanford” / Full legal name: / The Board of Trustees of the Leland Stanford Junior University
State: / California
Address: / 3000 El Camino Real Building 5, Suite 300, Palo Alto, CA 94306
“Institution” / Full legal name:
State:
Address:
“Stanford Principal Investigator”
“Institution Principal Investigator”
“Samples” / (description of samples)
“Effective Date” / (add date)
“Agreement Term” / The Agreement Term will last for two (2) years from the Effective Date, unless agreed otherwise.
“Transfer Fee” / Institution will reimburse Stanford in the amount of ______$0______for the costs of providing and shipping the Samples.

This Human Materials Transfer Agreement between Stanfordand Institution consists of the Identifying Information Table (words in quotation marks are defined terms), the terms and conditions below, and Exhibit A (“Research Program”). Stanford and Institution are the parties to this Agreement (“Parties”). Stanford Principal Investigator will provideSamplesto InstitutionPrincipal Investigatorfor a collaborative researchproject describedin the Research Program. The Parties hereby agree as follows:

  1. GRANT AND TRANSFER
  2. Grant.Subject to the terms and conditions of this Agreement, Stanford grants Institution the nonexclusive right to use the Samples in the Research Program.
  3. No Other Rights.Notwithstanding Section1.1, this Agreement does not constitute, grant nor confer any license under any patents or proprietary interests of one party to the other.
  4. STANFORD SAMPLES
  5. Ownership.Stanford explicitly retains ownership of Samples. Stanford retains all rights to distribute the Samples to other commercial or non-commercial entities.
  6. De-identification. Samples will not contain individually identifiable health information and will not include “Protected Health Information” as defined in 45 CFR 160.103. If Samples are accompanied by clinical information, such information will be described in Exhibit A.
  7. Subject to IRB approval.The transfer of the Samples to Institution is subject to approval by the Stanford Institutional Review Board.
  8. Informed Consent.Samples were collected or will be collected in accordance with the standard patient informed consent procedures of Stanford in effect at the time of collection.Institution may review the consent form used in collection of Samples, as well as any subsequent revisions thereof.
  9. Compliance with Law. Principal Investigator will label, package, and transport the Samples in accord with all applicable state and federal laws and regulations.
  10. INSTITUTION USE OF STANFORD SAMPLES
  11. Restrictions.Institution will use Samples only for the Research Program. If Institution desires to use Samples for research other than the Research Program, Institution must obtain written consent from Stanford, either by an amendment to this Agreement or a new agreement, before such research is undertaken.
  12. No Further Transfer.Institution will not transfer the Samples to any non-Institution person without prior written consent from Stanford
  13. Reporting.In consideration of Stanford having provided Samples, Institution will report results to Principal Investigator during the Term of this Agreement.
  14. Compliance with Law.Institution’s use of Samples will be in compliance with all applicable laws and regulations, including those of the NIH, FDA, or DHHS, and the Code of Federal Regulations, for the protection of human subjects (45 CFR 46.102).
  15. PUBLICATION

The Parties agree to jointly publish results. Any publication or presentation of resultswill appropriately cite the contributions of both parties, using customary standards of scientific attribution. Each party will provide the other with publications or presentations of previously unpublished results thirty (30) days before submission for presentation or publication, to enable the other party to identify and request removal of its confidential information and to seek patent protection, if applicable.

  1. GENERAL PROVISIONS
  2. No Warranties.The Samples are provided by Stanford AS IS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
  3. Liability. In no event will Stanford be liable for any use by Institution of Samples or for any loss, claim, damage, or liability, of any kind or nature, that may arise from or in connection with this Agreement or Institution’s use, handling, or storage of Samples. Institution agrees to indemnify and hold harmless Stanford, its trustees, officers, employees, students, volunteers and agents from all liability, loss, or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the use or disposition of the Samples by the Institution.
  4. Termination.Either party may terminate this Agreement at any time upon thirty (30) days prior written notice, in which case Institution will discontinue within thirty (30) days use of the Samples and related information. Institution will, upon Stanford’s direction, to return or destroy the Samples. Sections 2.1, 3.1, 3.2, 3.3, 3.4, 4, 5.1, 5.2, and 5.3 survive the termination or expiration of this Agreement.

The duly authorized party representativesexecute this Agreement.

THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY / INSTITUTION
Signature: / Signature:
Name: / Name:
Title: / Title:
Date: / Date:

I acknowledge that I have read this Agreement in its entirety and will use reasonable efforts to uphold my obligations and responsibilities under this Agreement.

STANFORD PRINCIPAL INVESTIGATOR
Signature:
Name:
Title:
Date:

Exhibit A – Research Program

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