En samarbeidsavtale kan erstatte kravet om Material Transfer Agreement(s), dersom samarbeidsavtalen konkret går inn på dette i avtaleteksten. Under er et forslag til tekst som kan tas inn i en samarbeidsavtale
Transfer of Materials
If any Materials are transferred from one Party (“Providing Party”) to another Party (“Receiving Party”), each Receiving Party shall be bound by the following provisions and shall be responsible for ensuring that its sub-contractors and/or Affiliated Entities comply with such provisions:
The Receiving Party has all the required authorisations under all applicable laws and regulations to perform the experimental work in vitro at the place of investigation using the Materials.
The Materials will be used in full compliance with all applicable laws and regulations.
The Materials will be used solely for performance of the Project in accordance with this Consortium Agreement and not for internal research activities or exploitation. The Materials will under no circumstances be administered to humans unless otherwise specifically specified in the Project and only then after obtaining the required regulatory approvals, authorizations and declarations.
The Materials will not be analyzed or modified except as necessary for the purpose of the Project.
The Materials will not be transferred or made available to any individual other than those under the supervision and control of the Receiving Party. Upon completion of the Project, or the expiry or termination of this Consortium Agreement, any unused Materials will be either returned to the Providing Party or, with the prior written consent of the Providing Party, disposed of/ or destroyed in accordance with all applicable laws and regulations (and then certified as such by the Receiving Party).
The Materials are to be used with caution and prudence in any experimental work, since not all of the characteristics are necessarily known. The Receiving Party using the Material shall bear all risks to it and/or any others resulting, directly or indirectly, from its use, application, storage or disposal/destruction of the Materials, except in the case of gross negligence or willful misconduct by the Providing Party. All work involving the use of animals will be performed in accordance with all applicable laws, regulations and ethical guidelines.
The transfer of Human Samples, shall additionally be governed by the terms and policies described in Section (X.X (Transfer for Human Samples)).
Transfer of Human Samples
Each Party represents and warrants that any Human Samples as well as any clinical data required for use in the Project to be obtained, handled or used by it, will be obtained, handled or used in accordance with all relevant laws and regulations (and where applicable local ethical guidelines) regarding the collection, use, storage, handling, transport and subsequent disposal of Human Samples and clinical data, and that any ethics committee approvals and donor informed consents required will be obtained prior to the commencement of the allocated work in accordance with applicable laws, including data protection laws. The Party whose tasks under the Consortium Plan include the collection of Human Samples or data shall be responsible for ensuring that the aforementioned consent and/or ethics committee approval are appropriate for the uses to which the Parties will put the Human Samples and data.