Common use of Determination of Ownership Clause in Contracts

Determination of Ownership. NINDS retains ownership of the NINDS Materials and any functional subunits thereof contained or incorporated in derivatives. Inventions and ownership of intellectual property resulting from the research will be determined by U.S. patent law. NINDS Materials were developed by Lonza under contract for the NIH. NINDS places no restriction on development of commercial products resulting from the knowledge gained from research using the NINDS Materials. However, iPS Academia Japan, Inc. (“iPS AJ”) owns patents that may cover certain of the NINDS Materials, and can be contacted at xxxx://xxx-xxxx.xxx/e/license/policy.html to discuss obtaining a commercial license. NINDS Materials or material isolated from them, such as RNA, DNA, or protein, may not themselves be used in the manufacture of commercial products or sold or distributed as commercial products themselves. The NHCDR cannot provide a warranty or any assurances whatsoever relating to third-party property interests that may exist in the NINDS Materials. The attached Appendix A, “Notification to Recipient,” is incorporated fully into this MTA as required by Lonza’s license with iPS AJ and cannot be further modified. The Principal Investigator and the Institution will be responsible for adhering to the terms and conditions in Appendix A as well as those in the MTA. The terms and conditions attached hereto as Appendix A shall take precedence over any contrary or inconsistent terms and conditions appearing or referred to in this MTA. Principal Investigator and Institution understand that the NINDS Materials provided under this MTA are experimental and are for use in research, in teaching and as standards in clinical genetics laboratories. Principal Investigators using NINDS Materials as research standards or controls are responsible for complying with all applicable laws and regulations specific to that intended use, including any requirements for FDA approval.

Determination of Ownership. NINDS retains ownership of the NINDS Materials and any functional subunits thereof contained or incorporated in derivatives. Inventions and ownership of intellectual property resulting from the research will be determined by U.S. patent law. NINDS Materials were developed by Lonza under contract for the NIH. While NINDS places no restriction on development of commercial products resulting from the knowledge gained from research using the NINDS Materials. However, The iPS Academia Japan, Inc. (“iPS AJ”) owns ), in addition to other third parties, own patents that may cover certain of the NINDS Materials, and . iPS AJ can be contacted at xxxx://xxx-xxxx.xxx/e/license/policy.html to discuss obtaining a commercial license. NINDS Materials or material isolated from them, such as RNA, DNA, or protein, may not themselves be used in the manufacture of commercial products or sold or distributed as commercial products themselves. The NHCDR cannot provide a warranty or any assurances whatsoever relating to third-party property interests that may exist in the NINDS Materials. The attached Appendix A, “Notification to Recipient,” is incorporated fully into this MTA as required by Lonza’s license with iPS AJ and cannot be further modified. The Principal Investigator and the Institution will be responsible for adhering to the terms and conditions in Appendix A as well as those in the MTA. The terms and conditions attached hereto as Appendix A shall take precedence over any contrary or inconsistent terms and conditions appearing or referred to in this MTA. Unless instructed otherwise by NHCDR, Principal Investigator and Institution understand that must provide a report within five (5) years of receipt of the NINDS Materials provided or upon completion of research described under this MTA are experimental the SRI, whichever is shorter. Within six (6) months after the completion of the SRI using the NINDS Materials, Principal Investigator must email XXXXX@xxx.xxxxxxx.xxx a final report including: (i) a brief summary of the research results or outcome of the project; (ii) a list of related publications or presentations; and are for use in research, in teaching and as standards in clinical genetics laboratories(iii) a statement attesting destruction of the NINDS Materials. Principal Investigators using Investigator should include his/her current contact information in the final report should follow up be required. Principal Investigator must acknowledge the NHCDR and the NINDS Materials as identification number in any publications or presentations based on research standards or controls utilizing the NINDS Materials. Additionally, the following acknowledgement statement must be included in all publications, “Generation of the GMP line LiPSC-GR1.1 was supported by the NIH Common Fund Regenerative Medicine Program, and reported in Stem Cell Reports. The NIH Common Fund and the National Center for Advancing Translational Sciences (NCATS) are responsible for complying with all applicable laws and regulations specific to that intended use, including any requirements for FDA approvaljoint stewards of the LiPSC-GR1.1 resource.”