Common use of LEGITIMATE EXCHANGE Clause in Contracts

LEGITIMATE EXCHANGE. The transfer of the MATERIAL between scientists working in the same Laboratory, or between partners in different Institutions collaborating on a defined joint project, for non-commercial purposes. This also includes the transfer of MATERIAL between public service culture collections/BRCs for accession purposes, provided the further distribution by the receiving collection/BRC is under MTA conditions equivalent and compatible to those in place at the supplying collection. THE COLLECTION WILL TRANSFER THE MATERIAL UNDER THE TERMS AND CONDITIONS SPECIFIED IN THIS MATERIAL TRANSFER AGREEMENT. THE RECIPIENT – BEING END-USER, INTERMEDIARY OR CULTURE COLLECTION / BRC – ACCEPTS THE TERMS AND CONDITIONS OF THIS MATERIAL TRANSFER AGREEMENT BY PLACING AN ORDER WITH THE COLLECTION. 1. RECIPIENT agrees that all information provided to the COLLECTION in connection with any order for MATERIAL is accurate and complete, and otherwise complying with applicable laws and regulations. 2. RECIPIENT agrees that MATERIAL designated Risk Group 2 or above (as defined by the national regulations of the country where the Collection is located) may cause human disease, and that MODIFICATIONS, or other MATERIAL, not so designated, may cause human disease under certain conditions. 3. RECIPIENT agrees that any handling or other activity undertaken in their laboratory with the MATERIAL will be conducted under their responsibility and in compliance with all applicable laws and regulations. 4. RECIPIENT therefore assures that within their laboratory (i) access to the MATERIAL will be restricted to personnel capable and qualified to safely handle said MATERIAL and (ii) RECIPIENT shall exercise the necessary care, taking into account the specific characteristics of the MATERIAL, to maintain and use it with appropriate precautions to minimize any risk of harm to persons, property, and the environment, and to safeguard it from theft or misuse. 5. Unless agreed in writing with the COLLECTION, RECIPIENT shall not sell, distribute or propagate for distribution, lend, or otherwise transfer the MATERIAL to any others, except those RECIPIENT that acts as INTERMEDIARY and those RECIPIENT involved in LEGITIMATE EXCHANGES as defined above. 6. Subject to the terms and conditions of this AGREEMENT and any statutory, regulatory or other restriction imposed by law or any third party interest, RECIPIENT may use the MATERIAL in any lawful manner for non- commercial purposes. 7. If the RECIPIENT desires to use the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSE(S), it is the responsibility of the RECIPIENT, in advance of such use, to negotiate in good faith the terms of any benefit sharing with the appropriate authority in the country of origin of the MATERIAL, as indicated by the COLLECTION’s documentation. 8. Nothing in this AGREEMENT grants RECIPIENT any rights under any patents, propriety, intellectual property, or other rights with respect to the MATERIAL. 9. RECIPIENT agrees to acknowledge the COLLECTION as the source of the MATERIAL in any and all publications that reference the MATERIAL.

Appears in 2 contracts

Samples: Material Transfer Agreement, Material Transfer Agreement

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LEGITIMATE EXCHANGE. The transfer of the MATERIAL between scientists working in the same Laboratory, or between partners in different Institutions collaborating on a defined joint project, for non-non- commercial purposes. This also includes the transfer of MATERIAL between public service culture collections/BRCs for accession purposes, provided the further distribution by the receiving collection/BRC is under MTA conditions equivalent and compatible to those in place at the supplying collection. THE COLLECTION WILL TRANSFER THE MATERIAL UNDER THE TERMS AND CONDITIONS SPECIFIED IN THIS MATERIAL TRANSFER AGREEMENT. THE RECIPIENT RECIPIENT– BEING END-USER, INTERMEDIARY OR CULTURE COLLECTION / BRC – ACCEPTS THE TERMS AND CONDITIONS OF THIS MATERIAL TRANSFER AGREEMENT BY PLACING AN ORDER WITH THE COLLECTION. 1. RECIPIENT agrees that all information provided to the COLLECTION in connection with any order for MATERIAL is accurate and complete, and otherwise complying with applicable laws and regulations. 2. RECIPIENT agrees that MATERIAL designated Risk Group 2 or above (as defined by the national regulations of the country where the Collection is located) may cause human disease, and that MODIFICATIONS, or other MATERIAL, not so designated, may cause human disease under certain conditions. 3. RECIPIENT agrees that any handling or other activity undertaken in their laboratory with the MATERIAL will be conducted under their responsibility and in compliance with all applicable laws and regulations. 4. RECIPIENT therefore assures that within their laboratory (i) access to the MATERIAL will be restricted to personnel capable and qualified to safely handle said MATERIAL and (ii) RECIPIENT shall exercise the necessary care, taking into account the specific characteristics of the MATERIAL, to maintain and use it with appropriate precautions to minimize any risk of harm to persons, property, and the environment, and to safeguard it from theft or misuse. 5. Unless agreed in writing with the COLLECTION, RECIPIENT shall not sell, distribute or propagate for distribution, lend, or otherwise transfer the MATERIAL to any others, except those RECIPIENT that acts as INTERMEDIARY and those RECIPIENT involved in LEGITIMATE EXCHANGES as defined above. 6. Subject to the terms and conditions of this AGREEMENT and any statutory, regulatory or other restriction imposed by law or any third party interest, RECIPIENT may use the MATERIAL in any lawful manner for non- non-commercial purposes. 7. If the RECIPIENT desires to use the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSE(S), it is the responsibility of the RECIPIENT, in advance of such use, to negotiate in good faith the terms of any benefit sharing with the appropriate authority in the country of origin of the MATERIAL, as indicated by the COLLECTION’s documentation. 8. Nothing in this AGREEMENT grants RECIPIENT any rights under any patents, propriety, intellectual property, or other rights with respect to the MATERIAL. 98. RECIPIENT agrees to acknowledge the COLLECTION as the source of the MATERIAL in any and all publications that reference the MATERIAL.

Appears in 2 contracts

Samples: Material Transfer Agreement, Material Transfer Agreement

LEGITIMATE EXCHANGE. The transfer of the MATERIAL between scientists working in the same Laboratorylaboratory, or between partners in different Institutions collaborating on a defined joint project, for non-non- commercial purposes. This also includes the transfer of MATERIAL between public service culture collections/BRCs collections for accession purposes, provided the further distribution by the receiving collection/BRC collection is under MTA conditions equivalent and compatible to those in place at the supplying collection. THE COLLECTION WILL TRANSFER THE MATERIAL UNDER THE TERMS AND CONDITIONS SPECIFIED IN THIS MATERIAL TRANSFER AGREEMENT. THE RECIPIENT – BEING END-USER, INTERMEDIARY OR CULTURE COLLECTION / BRC COLLECTION– ACCEPTS THE TERMS AND CONDITIONS OF THIS MATERIAL TRANSFER AGREEMENT BY PLACING AN ORDER WITH THE COLLECTION.. This AGREEMENT is between the COLLECTION and the RECIPIENT of the MATERIAL: 1. RECIPIENT agrees that all information provided to the COLLECTION in connection with any order for MATERIAL is accurate and complete, and otherwise complying with applicable laws and regulations. 2. RECIPIENT agrees that MATERIAL designated Risk Group 2 or above (as defined by the national regulations of the country where the Collection COLLECTION is located) may cause human disease, disease and that MODIFICATIONS, MODIFICATIONS or other MATERIAL, not so designated, may cause human disease under certain conditions. 3. RECIPIENT agrees that any handling or other activity undertaken in their laboratory with the MATERIAL will be conducted under their responsibility and in compliance with all applicable laws and regulations. 4. RECIPIENT therefore assures that within their laboratory (i) access to the MATERIAL will be restricted to personnel capable and qualified to safely handle said MATERIAL and (ii) RECIPIENT shall exercise the necessary care, taking into account the specific characteristics of the MATERIAL, to maintain and use it with appropriate precautions to minimize any risk of harm to persons, property, and the environment, and to safeguard it from theft or misuse. 5. Unless agreed in writing with the COLLECTION, The RECIPIENT shall not distribute, sell, distribute or propagate for distribution, lend, propagate for distribution or otherwise transfer the MATERIAL material received from the COLLECTION or replicates of it to any othersthird parties, except those RECIPIENT that acts act as INTERMEDIARY and those RECIPIENT involved in LEGITIMATE EXCHANGES as defined above, for any reason without the prior written permission from the COLLECTION. 6. Subject to the terms and conditions of this AGREEMENT and any statutory, regulatory or other restriction imposed by law or any third party interest, RECIPIENT may use the MATERIAL in any lawful manner for non- non-commercial purposes. The RECIPIENT agrees that the received strains are used for research, teaching or control purposes only. 7. If the RECIPIENT desires to use the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSE(S)) and/or file a patent application, it is the responsibility of the RECIPIENT, in advance of such use, use and/or filing to negotiate in good faith contact the terms of any benefit sharing with COLLECTION and the appropriate authority in the country of origin of the MATERIAL, as indicated by the COLLECTION’s documentation, to negotiate with each in good faith, the terms of any benefit sharing, as indicated by the COLLECTION’s documentation. 8. Nothing in this AGREEMENT grants RECIPIENT any rights under any patents, propriety, intellectual property, or other rights with respect to the MATERIAL. 9. RECIPIENT agrees to acknowledge the COLLECTION as the source of the MATERIAL in any and all publications that reference the MATERIAL. RECIPIENT agrees to take into account the articles of the Convention on the Biological Diversity.

Appears in 1 contract

Samples: Material Transfer Agreement

LEGITIMATE EXCHANGE. The transfer of the MATERIAL between scientists working in the same Laboratory, or between partners in different Institutions collaborating on a defined joint project, for non-commercial purposes. This also includes the transfer of MATERIAL between public service culture collections/BRCs for accession purposes, provided the further distribution by the receiving collection/BRC is under MTA conditions equivalent and compatible to those in place at the supplying collection. THE COLLECTION WILL TRANSFER THE MATERIAL ACCORDING TO THE LIST OF STRAINS (APPENDIX) UNDER THE TERMS AND CONDITIONS SPECIFIED IN THIS MATERIAL TRANSFER AGREEMENT. THE APPENDIX IS IRREMOVABLE PART OF THIS MATERIAL TRANSFER AGREEMENT. THE RECIPIENT - BEING END-USER, INTERMEDIARY OR CULTURE COLLECTION / BRC - ACCEPTS THE TERMS AND CONDITIONS OF THIS MATERIAL TRANSFER AGREEMENT BY PLACING AN ORDER WITH THE COLLECTION. 1. RECIPIENT agrees that all information provided to the COLLECTION in connection with any order for MATERIAL is accurate and complete, and otherwise complying with applicable laws and regulations. 2. RECIPIENT agrees that MATERIAL designated Risk Group 2 or above (as defined by the national regulations of the country where the Collection is located) may cause human disease, and that MODIFICATIONS, or other MATERIAL, not so designated, may cause human disease under certain conditions. 3. RECIPIENT agrees that any handling or other activity undertaken in their laboratory with the MATERIAL will be conducted under their responsibility and in compliance with all applicable laws and regulations. 4. RECIPIENT therefore assures that within their laboratory (i) access to the MATERIAL will be restricted to personnel capable and qualified to safely handle said MATERIAL and (ii) RECIPIENT shall exercise the necessary care, taking into account the specific characteristics of the MATERIAL, to maintain and use it with appropriate precautions to minimize any risk of harm to persons, property, and the environment, and to safeguard it from theft or misuse. 5. Unless agreed in writing with the COLLECTION, RECIPIENT shall not sell, distribute or propagate for distribution, lend, or otherwise transfer the MATERIAL to any others, except those RECIPIENT that acts as INTERMEDIARY and those RECIPIENT involved in LEGITIMATE EXCHANGES as defined above. 6. Subject to the terms and conditions of this AGREEMENT and any statutory, regulatory or other restriction imposed by law or any third party interest, RECIPIENT may use the MATERIAL in any lawful manner for non- non commercial purposes. 7. If the RECIPIENT desires to use the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSE(S), it is the responsibility of the RECIPIENT, in advance of such use, to negotiate in good faith the terms of any benefit sharing with the appropriate authority in the country of origin of the MATERIAL, as indicated by the COLLECTION’s documentation. 8. Nothing in this AGREEMENT grants RECIPIENT any rights under any patents, propriety, intellectual property, or other rights with respect to the MATERIAL. 9. RECIPIENT agrees to acknowledge the COLLECTION as the source of the MATERIAL in any and all publications that reference the MATERIAL.

Appears in 1 contract

Samples: Material Transfer Agreement

LEGITIMATE EXCHANGE. The transfer of the MATERIAL between scientists working in the same Laboratory, or between partners in different Institutions collaborating on a defined joint project, for non-commercial purposes. This also includes the transfer of MATERIAL between public service culture collections/BRCs for accession purposes, provided the further distribution by the receiving collection/BRC is under MTA conditions equivalent and compatible to those in place at the supplying collection. THE COLLECTION WILL TRANSFER THE MATERIAL UNDER THE TERMS AND CONDITIONS SPECIFIED IN THIS MATERIAL TRANSFER AGREEMENT. THE RECIPIENT – BEING END-USER, INTERMEDIARY OR CULTURE COLLECTION / BRC ACCEPTS THE TERMS AND CONDITIONS OF THIS MATERIAL TRANSFER AGREEMENT BY PLACING AN ORDER WITH THE COLLECTION.. Following AGREEMENT is between the COLLECTION and the RECIPIENT of the MATERIAL: 1. RECIPIENT agrees that all information provided to the COLLECTION in connection with any order for MATERIAL is accurate and complete, and otherwise complying with applicable laws and regulations. 2. RECIPIENT agrees that MATERIAL designated Risk Group 2 or above (as defined by the national regulations of the country where the Collection is located) may cause human disease, and that MODIFICATIONS, or other MATERIAL, not so designated, may cause human disease under certain conditions. 3. RECIPIENT agrees that any handling or other activity undertaken in their laboratory with the MATERIAL will be conducted under their responsibility and in compliance with all applicable laws and regulations. 4. RECIPIENT therefore assures that within their laboratory laboratory (i) access to the MATERIAL will be restricted to personnel capable and qualified to safely handle said MATERIAL and and (ii) RECIPIENT shall exercise the necessary care, taking into account the specific characteristics of the MATERIAL, to maintain and use it with appropriate precautions to minimize any risk of harm to persons, property, and the environment, and to safeguard it from theft or misuse. 5. Unless agreed in writing with the COLLECTION, RECIPIENT shall not sell, distribute or propagate for distribution, lend, or otherwise transfer the MATERIAL to any others, except those RECIPIENT that acts as INTERMEDIARY and those RECIPIENT involved in LEGITIMATE EXCHANGES as defined above. 6. Subject to the terms and conditions of this AGREEMENT and any statutory, regulatory or other restriction imposed by law or any third party interest, RECIPIENT may use the MATERIAL in any lawful manner for non- non-commercial purposes. 7. If the RECIPIENT desires to use the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSE(S), it is the responsibility of the RECIPIENT, in advance of such use, to negotiate in good faith the terms of any benefit sharing with the appropriate authority in the country of origin of the MATERIAL, as indicated by the COLLECTION’s documentation. 8. Nothing in this AGREEMENT grants RECIPIENT any rights under any patents, propriety, intellectual property, or other rights with respect to the MATERIAL. 9. RECIPIENT agrees to acknowledge the COLLECTION as the source of the MATERIAL in any and all publications that reference the MATERIAL.

Appears in 1 contract

Samples: Material Transfer Agreement

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LEGITIMATE EXCHANGE. The transfer of the MATERIAL between scientists working in the same Laboratory, or between partners in different Institutions collaborating on a defined joint project, for non-commercial purposes. This also includes the transfer of MATERIAL between public service culture collections/BRCs for accession purposes, provided the further distribution by the receiving collection/BRC is under MTA conditions equivalent and compatible to those in place at the supplying collection. THE COLLECTION UMCC WILL TRANSFER THE MATERIAL UNDER THE TERMS AND CONDITIONS SPECIFIED IN THIS MATERIAL TRANSFER AGREEMENT. THE RECIPIENT – BEING END-USER, INTERMEDIARY OR CULTURE COLLECTION / BRC – ACCEPTS THE TERMS AND CONDITIONS OF THIS MATERIAL TRANSFER AGREEMENT BY PLACING AN ORDER WITH THE COLLECTIONUMCC. Nothing in this AGREEMENT grants RECIPIENT any rights under any patents, propriety, intellectual property, or other rights with respect to the MATERIAL. 1. RECIPIENT agrees that all information provided to the COLLECTION UMCC in connection with any order for MATERIAL is accurate and complete, and otherwise complying with applicable laws and regulations. 2. RECIPIENT agrees that MATERIAL designated Risk Group 2 or above (as defined by the national regulations of the country where the Collection is located) may cause human disease, and that MODIFICATIONS, or other MATERIAL, not so designated, may cause human disease under certain conditions. 3. RECIPIENT agrees that any handling or other activity undertaken in their laboratory with the MATERIAL will be conducted under their responsibility and in compliance with all applicable laws and regulations. 4. RECIPIENT therefore assures that within their laboratory (i) access to the MATERIAL will be restricted to personnel capable and qualified to safely handle said MATERIAL and (ii) RECIPIENT shall exercise the necessary care, taking into account the specific characteristics of the MATERIAL, to maintain and use it with appropriate precautions to minimize any risk of harm to persons, property, and the environment, and to safeguard it from theft or misuse. 5. Unless agreed in writing with the COLLECTIONUMCC, RECIPIENT shall not sell, distribute or propagate for distribution, lend, or otherwise transfer the MATERIAL to any others, except those RECIPIENT that acts as INTERMEDIARY and those RECIPIENT involved in LEGITIMATE EXCHANGES as defined above. 6. With respect to transfers of MATERIAL to destinations outside Italy, (i) RECIPIENT assumes all risk and responsibility in connection with complying with applicable foreign law and regulations concerning the import, handling, transportation, storage, use, and misuse or other wrongdoing with respect to MATERIAL and (ii) RECIPIENT has advised UMCC when placing its order of any foreign legal or regulatory requirements pertaining to the requested shipment to be implemented within Italy in connection with such shipment. 7. Subject to the terms and conditions of this AGREEMENT and any statutory, regulatory or other restriction imposed by law or any third party interest, RECIPIENT may use the MATERIAL in any lawful manner for non- non-commercial purposes. 78. If the RECIPIENT desires to use the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSE(S), it is the responsibility of the RECIPIENT, in advance of such use, to negotiate in good faith the terms of any benefit sharing with the appropriate authority in the country of origin of the MATERIAL, as indicated by the COLLECTIONUMCC’s documentation. 8. Nothing in this AGREEMENT grants RECIPIENT any rights under any patents, propriety, intellectual property, or other rights with respect to the MATERIAL. 9. RECIPIENT agrees to acknowledge the COLLECTION UMCC as the source of the MATERIAL in any and all publications that reference the MATERIAL.

Appears in 1 contract

Samples: Material Transfer Agreement

LEGITIMATE EXCHANGE. The transfer of the MATERIAL between scientists working in the same Laboratorylaboratory, or between partners in different Institutions collaborating on a defined joint project, for non-commercial noncommercial purposes. This also includes the transfer of MATERIAL between public service culture collections/BRCs collections for accession purposes, provided the further distribution by the receiving collection/BRC collection is under MTA conditions equivalent and compatible to those in place at the supplying collection. THE COLLECTION WILL TRANSFER THE MATERIAL UNDER THE TERMS AND CONDITIONS SPECIFIED IN THIS MATERIAL TRANSFER AGREEMENT. THE RECIPIENT – BEING END-USER, INTERMEDIARY OR CULTURE COLLECTION / BRC – ACCEPTS THE TERMS AND CONDITIONS OF THIS MATERIAL TRANSFER AGREEMENT BY PLACING AN ORDER WITH THE COLLECTION. 1. RECIPIENT agrees that all information provided to the COLLECTION in connection with any order for MATERIAL is accurate and complete, complete and otherwise complying with applicable laws and regulations. 2. RECIPIENT agrees that MATERIAL designated Risk Group 2 or above (as defined by the national regulations of the country where the Collection COLLECTION is located) may cause human disease, disease and that MODIFICATIONS, MODIFICATIONS or other MATERIAL, not so designated, may cause human disease under certain conditions. 3. RECIPIENT agrees that any handling or other activity undertaken in their laboratory with the MATERIAL will be conducted under their responsibility and in compliance with all applicable laws and regulations. 4. RECIPIENT therefore assures that within their laboratory (i) access to the MATERIAL will be restricted to personnel capable and qualified to safely handle said MATERIAL and (ii) RECIPIENT shall exercise the necessary care, taking into account the specific characteristics of the MATERIAL, to maintain and use it with appropriate precautions to minimize any risk of harm to persons, property, and the environment, and to safeguard it from theft or misuse. 5. Unless agreed in writing with the COLLECTION, RECIPIENT shall not sell, distribute or propagate for distribution, lend, or otherwise transfer the MATERIAL to any others, except those RECIPIENT that acts as INTERMEDIARY and those RECIPIENT involved in LEGITIMATE EXCHANGES as defined above. 6. Subject to the terms and conditions of this AGREEMENT and any statutory, regulatory or other restriction imposed by law or any third third-party interest, RECIPIENT may use the MATERIAL in any lawful manner for non- commercial purposes. A RECIPIENT shall not distribute, sell, lend, propagate for distribution or otherwise transfer the MATERIAL received from the COLLECTION as an inoculum or replicates of it to third parties. 76. If the RECIPIENT desires to use the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSE(S), it is the responsibility of the RECIPIENT, in advance of such useuse to ensure that the intended use complies with applicable laws and regulation, to negotiate and shall in good faith accordance with article 11 of this MTA indemnify and hold the terms of COLLECTION harmless against any benefit sharing with the appropriate authority in the country of origin of the MATERIALthird-party claims, as indicated by the COLLECTION’s documentationlosses or damages, be they direct or indirect. 8. Nothing in this AGREEMENT grants RECIPIENT any rights under any patents, propriety, intellectual property, or other rights with respect to the MATERIAL. 9. RECIPIENT agrees to acknowledge the COLLECTION as the source of the MATERIAL in any and all publications or commercial documentation that reference references the MATERIAL. In the event that any unlawful use is discovered by a regulatory body, the RECIPIENT acknowledges the COLLECTION’s right to have its name removed from such documentation. RECIPIENT agrees to take into account the articles of the Convention on Biological Diversity.

Appears in 1 contract

Samples: Material Transfer Agreement

LEGITIMATE EXCHANGE. The transfer of the MATERIAL between scientists working in the same Laboratory, or between partners in different Institutions collaborating on a defined joint project, for non-commercial purposes. This also includes the transfer of MATERIAL between public service culture collectionsCREA-CMVE s/BRCs for accession purposes, provided the further distribution by the receiving collection/BRC CREA-CMVE /BRC is under MTA conditions equivalent and compatible to those in place at the supplying collectionCREA-CMVE. THE COLLECTION WILL TRANSFER THE MATERIAL UNDER THE TERMS AND CONDITIONS SPECIFIED IN THIS MATERIAL TRANSFER AGREEMENT. THE Following AGREEMENT is between the CREA-CMVE and the RECIPIENT – BEING END-USER, INTERMEDIARY OR CULTURE COLLECTION / BRC – ACCEPTS THE TERMS AND CONDITIONS OF THIS MATERIAL TRANSFER AGREEMENT BY PLACING AN ORDER WITH THE COLLECTION.of the MATERIAL: 1. RECIPIENT agrees that all information provided to the COLLECTION CREA-CMVE in connection with any order for MATERIAL is accurate and complete, and otherwise complying with applicable laws and regulations. 2. RECIPIENT agrees that MATERIAL designated Risk Group 2 or above (as defined by the national regulations of the country where the Collection CREA-CMVE is located) may cause human disease, and that MODIFICATIONS, or other MATERIAL, not so designated, may cause human disease under certain conditions. 3. RECIPIENT agrees that any handling or other activity undertaken in their laboratory with the MATERIAL will be conducted under their responsibility and in compliance with all applicable laws and regulations. 4. RECIPIENT therefore assures that within their laboratory (i) access to the MATERIAL will be restricted to personnel capable and qualified to safely handle said MATERIAL and (ii) RECIPIENT shall exercise the necessary care, taking into account the specific characteristics of the MATERIAL, to maintain and use it with appropriate precautions to minimize any risk of harm to persons, property, and the environment, and to safeguard it from theft or misuse. 5. Unless agreed in writing with the COLLECTIONCREA-CMVE , RECIPIENT shall not sell, distribute or propagate for distribution, lend, or otherwise transfer the MATERIAL to any others, except those RECIPIENT that acts as INTERMEDIARY and those RECIPIENT involved in LEGITIMATE EXCHANGES as defined above. 6. Subject to the terms and conditions of this AGREEMENT and any statutory, regulatory or other restriction imposed by law or any third third-party interest, RECIPIENT may use the MATERIAL in any lawful manner for non- commercial purposes. 7. If the RECIPIENT desires to use the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSE(S), it is the responsibility of the RECIPIENT, in advance of such use, to negotiate in good faith the terms of any benefit sharing with the appropriate authority in the country of origin of the MATERIAL, as indicated by the COLLECTIONCREA-CMVE ’s documentation. 8. Nothing in this AGREEMENT grants RECIPIENT any rights under any patents, propriety, intellectual property, or other rights with respect to the MATERIAL. 9. RECIPIENT agrees to acknowledge the COLLECTION CREA-CMVE as the source of the MATERIAL in any and all publications that reference the MATERIAL.

Appears in 1 contract

Samples: Material Transfer Agreement

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