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HUMAN MATERIALS TRANSFER AGREEMENT
Human Materials Transfer Agreement
Identifying Information Table
“Stanford”
“Institution”
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
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 Stanford and 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 provide Samples to Institution
Principal Investigator for a collaborative research project described in the Research Program.
The Parties hereby agree as follows:
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HUMAN MATERIALS TRANSFER AGREEMENT
1.
GRANT AND TRANSFER
1.1
Grant. Subject to the terms and conditions of this Agreement, Stanford grants Institution
the nonexclusive right to use the Samples in the Research Program.
1.2
No Other Rights. Notwithstanding Section 1.1, this Agreement does not constitute, grant
nor confer any license under any patents or proprietary interests of one party to the other.
2.
STANFORD SAMPLES
2.1
Ownership. Stanford explicitly retains ownership of Samples. Stanford retains all rights
to distribute the Samples to other commercial or non-commercial entities.
2.2
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.
2.3
Subject to IRB approval. The transfer of the Samples to Institution is subject to approval
by the Stanford Institutional Review Board.
2.4
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.
2.5
Compliance with Law. Principal Investigator will label, package, and transport the
Samples in accord with all applicable state and federal laws and regulations.
3.
INSTITUTION USE OF STANFORD SAMPLES
3.1
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.
3.2
No Further Transfer. Institution will not transfer the Samples to any non-Institution
person without prior written consent from Stanford
3.3
Reporting. In consideration of Stanford having provided Samples, Institution will report
results to Principal Investigator during the Term of this Agreement.
3.4
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).
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HUMAN MATERIALS TRANSFER AGREEMENT
4.
PUBLICATION
The Parties agree to jointly publish results. Any publication or presentation of results will
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.
5.
GENERAL PROVISIONS
5.1
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.
5.2
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.
5.3
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.
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HUMAN MATERIALS TRANSFER AGREEMENT
The duly authorized party representatives execute 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:
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HUMAN MATERIALS TRANSFER AGREEMENT
Exhibit A – Research Program
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