Common use of BIOHAZARD Clause in Contracts

BIOHAZARD. All cultured animal and human cells as well as other human biological have the potential for carrying viruses, la2tent viral genomes, and other infectious agents in a latent or inactive state. NINDS Materials should always be handled carefully by trained persons under laboratory conditions which afford adequate biohazard containment following MINIMUM SAFETY GUIDELINES RECOMMENDED FOR WORKING WITH HUMAN CELL CULTURES. By accepting the NINDS Materials, the undersigned assumes full responsibility for their safe and appropriate handling under GMP conditions. Principal Investigator agrees to provide notice to the NHCDR of any containment or quality issues related to the NINDS Materials. WARRANTY AND LIABILITY THE NHCDR MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN ADDITION, 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. IN ADDITION THE PRINCIPAL INVESTIGATOR INSTITUTION ACKNOWLEDGES THAT THE MATERIAL MAY BE THE SUBJECT OF A PATENT APPLICATION OR COVERED BY PATENT RIGHTS IN ONE OR MORE COUNTRIES. EXCEPT AS PROVIDED IN THIS AGREEMENT, NO EXPRESS OR IMPLIED LICENSES TO SUCH PATENT RIGHTS ARE PROVIDED. UNLESS SPECIFICALLY STATED, NO LICENSE OR RIGHT TO USE ANY THIRD PARTY PATENT, TECHNOLOGY, OR INTELLECTUAL PROPERTY IS CONVEYED TO PRINCIPAL INVESTIGATOR’S INSTITUTION UNDER THIS AGREEMENT. IT IS THE SOLE RESPONSIBILITY OF THE PRINCIPAL INVESTIGATOR’S INSTITUTION TO OBTAIN FROM THIRD PARTIES THAT MAY HAVE A PROPRIETARY INTEREST IN THE MATERIAL, OR MODIFICATIONS (ADDITION OR DELETION OF BIOLOGICAL COMPONENTS) OR DERIVATIVES THEREOF, ANY PERMISSIONS NECESSARY THAT ARE CONSISTENT WITH THE PRINICPAL INVESTIGATOR’S INSTITUTION INTENDED USE OF THE MATERIAL, MODIFICATIONS, OR DERIVATIVES. Liability Statement for Institutions Receiving NINDS Materials: Institution agrees to be responsible for any claims, costs, damages, or expenses resulting from any injury (including death), damage, or loss that may arise from its use or distribution of the NINDS Materials obtained under this agreement or any derivatives thereof to the extent permitted by law. Liability Statement for U.S. Government Laboratories Receiving NINDS Materials: Institution assumes the liability for any claims, damages, injuries, or expenses arising from its use of NINDS Materials or derivatives, but only to the extent provided under the Federal Tort Claims Act (28 U.S.C. Chapter 171). Indemnification: Unless Institution is a State Institution or federal agency or is otherwise prohibited by law, Institution agrees to hold harmless the United States Government, Rutgers University, the NINDS Human Cell and Data Repository and the contributor of the NINDS Materials from any claims, costs, damages, or expenses resulting from any injury (including death), damage, or loss that may arise from its use. This provision shall also apply to any derivatives of the NINDS Materials. 3

BIOHAZARD. All cultured animal and human cells as well as other human biological have the potential for carrying viruses, la2tent latent viral genomes, and other infectious agents in a latent or inactive state. NINDS Materials should therefore NOT be treated as if they are free of contamination. NINDS Materials should always be handled carefully by trained persons under laboratory conditions which afford adequate biohazard containment following MINIMUM SAFETY GUIDELINES RECOMMENDED FOR WORKING WITH HUMAN CELL CULTURES. By accepting the NINDS Materials, the undersigned assumes full responsibility for their safe and appropriate handling under GMP conditionshandling. Principal Investigator agrees to provide notice to the NHCDR of any containment or quality issues related to the NINDS Materials. WARRANTY AND LIABILITY THE NHCDR MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN ADDITION, 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. IN ADDITION THE PRINCIPAL INVESTIGATOR INSTITUTION INVESTIGATOR’S INSTITUION ACKNOWLEDGES THAT THE MATERIAL MAY BE THE SUBJECT OF A PATENT APPLICATION OR COVERED BY PATENT RIGHTS IN ONE OR MORE COUNTRIES. EXCEPT AS PROVIDED IN THIS AGREEMENT, NO EXPRESS OR IMPLIED LICENSES TO SUCH PATENT RIGHTS ARE PROVIDED. UNLESS SPECIFICALLY STATED, NO LICENSE OR RIGHT TO USE ANY THIRD PARTY PATENT, TECHNOLOGY, OR INTELLECTUAL PROPERTY IS CONVEYED TO PRINCIPAL INVESTIGATOR’S INSTITUTION INSTITUION UNDER THIS AGREEMENT. IT IS THE SOLE RESPONSIBILITY OF THE PRINCIPAL INVESTIGATOR’S INSTITUTION INVESTIGATOR TO OBTAIN FROM THIRD PARTIES THAT MAY HAVE A PROPRIETARY INTEREST IN THE MATERIAL, OR MODIFICATIONS (ADDITION OR DELETION OF BIOLOGICAL COMPONENTS) OR DERIVATIVES THEREOF, ANY PERMISSIONS NECESSARY THAT ARE CONSISTENT WITH THE PRINICPAL PRINCIPAL INVESTIGATOR’S INSTITUTION INSTITUION INTENDED USE OF THE MATERIAL, MODIFICATIONS, OR DERIVATIVES. Liability Statement for Institutions Receiving NINDS Materials: Institution agrees to be responsible for any claims, costs, damages, or expenses resulting from any injury (including death), damage, or loss that may arise from its use or distribution of the NINDS Materials obtained under this agreement or any derivatives thereof to the extent permitted by law. Liability Statement for U.S. Government Laboratories Receiving NINDS Materials: Institution assumes the liability for any claims, damages, injuries, or expenses arising from its use of NINDS Materials or derivatives, but only to the extent provided under the Federal Tort Claims Act (28 U.S.C. Chapter 171). Indemnification: Unless Institution is a State Institution or federal agency or is otherwise prohibited by law, Institution agrees to hold harmless the United States Government, Rutgers University, the NINDS Human Cell and Data Repository and the contributor of the NINDS Materials from any claims, costs, damages, or expenses resulting from any injury (including death), damage, or loss that may arise from its use. This provision shall also apply to any derivatives of the NINDS Materials. 3.

BIOHAZARD. All cultured animal and human cells as well as other human biological have the potential for carrying viruses, la2tent latent viral genomes, and other infectious agents in a latent or inactive state. NINDS Materials should therefore NOT be treated as if they are free of contamination. NINDS Materials should always be handled carefully by trained persons under laboratory conditions which afford adequate biohazard containment following MINIMUM SAFETY GUIDELINES RECOMMENDED FOR WORKING WITH HUMAN CELL CULTURES. By accepting the NINDS Materials, the undersigned assumes full responsibility for their safe and appropriate handling under GMP conditionshandling. Principal Investigator agrees to provide notice to the NHCDR of any containment or quality issues related to the NINDS Materials. WARRANTY AND LIABILITY Warranty: THE NHCDR MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN ADDITION, 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. IN ADDITION THE PRINCIPAL INVESTIGATOR INSTITUTION REPOSITORY CUSTOMER ACKNOWLEDGES THAT THE MATERIAL MAY BE THE SUBJECT OF A PATENT APPLICATION OR COVERED BY PATENT RIGHTS IN ONE OR MORE COUNTRIES. EXCEPT AS PROVIDED IN THIS AGREEMENT, NO EXPRESS OR IMPLIED LICENSES TO SUCH PATENT RIGHTS ARE PROVIDED. UNLESS SPECIFICALLY STATED, NO LICENSE OR RIGHT TO USE ANY THIRD PARTY PATENT, TECHNOLOGY, OR INTELLECTUAL PROPERTY IS CONVEYED TO PRINCIPAL INVESTIGATOR’S INSTITUTION RECIPENT UNDER THIS AGREEMENT. IT IS THE SOLE RESPONSIBILITY OF THE PRINCIPAL INVESTIGATOR’S INSTITUTION RECIPIENT TO OBTAIN FROM THIRD PARTIES THAT MAY HAVE A PROPRIETARY INTEREST IN THE MATERIAL, OR MODIFICATIONS (ADDITION MODIFICATIONS(ADDITION OR DELETION OF BIOLOGICAL COMPONENTS) OR DERIVATIVES THEREOF, ANY PERMISSIONS NECESSARY THAT ARE CONSISTENT WITH THE PRINICPAL INVESTIGATOR’S INSTITUTION RECIPIENT'S INTENDED USE OF THE MATERIAL, MODIFICATIONS, OR DERIVATIVES. Liability Statement for Institutions Receiving NINDS Materials: Institution agrees to be responsible for any claims, costs, damages, or expenses resulting from any injury (including death), damage, or loss that may arise from its use or distribution of the NINDS Materials obtained under this agreement or any derivatives thereof to the extent permitted by law. Liability Statement for U.S. Government Laboratories Receiving NINDS Materials: Institution assumes the liability for any claims, damages, injuries, or expenses arising from its use of NINDS Materials or derivatives, but only to the extent provided under the Federal Tort Claims Act (28 U.S.C. Chapter 171). Indemnification: Unless Institution is a State Institution or federal agency or is otherwise prohibited by law, Institution agrees to hold harmless the United States Government, Rutgers University, the NINDS Human Cell and Data Repository and the contributor of the NINDS Materials from any claims, costs, damages, or expenses resulting from any injury (including death), damage, or loss that may arise from its use. This provision shall also apply to any derivatives of the NINDS Materials. 3.