Common use of MATERIAL, DATA AND/OR INFORMATION TRANSFER Clause in Contracts

MATERIAL, DATA AND/OR INFORMATION TRANSFER. 2.3.1 The Cargill Entities shall provide MMI with the Samples in the amount and of the quality set forth in the Work Plan for MMI to use for purposes set forth in this Agreement and to complete the Work Plan. The Cargill Entities further shall describe in writing each transfer of any Sample to MMI. In the event that The Cargill Entities fail to deliver the Samples as required by the Work Plan, then MMI shall provide written notice to The Cargill Entities' co-chair of the Steering Committee and the time for MMI to provide each affected Deliverable and Complete Delivery to Excel shall be extended by a number days equal to the number of days that passed from the due date for such Samples until the date that The Cargill Entities delivered the required Samples to MMI. 2.3.2 MMI shall (a) use The Cargill Entities' Material solely to meet its obligations under this Agreement, and (b) either (i) if requested by The Cargill Entities in timely fashion, return all residual Samples to The Cargill Entities (or another site designated by The Cargill Entities') at the expense and risk of The Cargill Entities within thirty (30) calendar days after the date of Complete Delivery or termination of this Agreement or (ii) destroy all residual Samples within thirty (30) calendar days after the date of Complete Delivery or termination of this Agreement. MMI shall not distribute, release, sell, disclose, or otherwise transfer the Samples to any Third Party, except as otherwise may be permitted under Section 4 (Confidentiality). 2.3.3 The Cargill Entities reserve the right to use the Samples and, subject to the terms of this Agreement, transfer them to any Third Party.

MATERIAL, DATA AND/OR INFORMATION TRANSFER. 2.3.1 The Cargill Entities shall provide MMI with the Samples in the amount and of the quality set forth in the Work Plan for MMI to use for purposes set forth in this Agreement and to complete the Work Plan. The Cargill Entities further shall describe in writing each transfer of any Sample to MMI. In the event that The Cargill Entities fail to deliver the Samples as required by the Work Plan, then MMI shall provide written notice to The Cargill Entities' ’ co-chair of the Steering Committee and the time for MMI to provide each affected Deliverable and Complete Delivery to Excel shall be extended by a number days equal to the number of days that passed from the due date for such Samples until the date that The Cargill Entities delivered the required Samples to MMI. 2.3.2 MMI shall (a) use The Cargill Entities' ’ Material solely to meet its obligations under this Agreement, and (b) either (i) if requested by The Cargill Entities in timely fashion, return all residual Samples to The Cargill Entities (or another site designated by The Cargill Entities'’) at the expense and risk of The Cargill Entities within thirty (30) calendar days after the date of Complete Delivery or termination of this Agreement or (ii) destroy all residual Samples within thirty (30) calendar days after the date of Complete Delivery or termination of this Agreement. MMI shall not distribute, release, sell, disclose, or otherwise transfer the Samples to any Third Party, except as otherwise may be permitted under Section 4 (Confidentiality). 2.3.3 The Cargill Entities reserve the right to use the Samples and, subject to the terms of this Agreement, transfer them to any Third Party.

MATERIAL, DATA AND/OR INFORMATION TRANSFER. 2.3.1 The Cargill Entities 2.2.1 Xxxxxxx shall provide MMI with the Samples in the amount and of the quality set forth in the Work Research Plan for MMI to use for purposes set forth in this Agreement and to complete the Work Research Plan. The Cargill Entities Xxxxxxx further shall describe provide to MMI together with each Sample the phenotypic, data collection and other germane characteristics thereof, in writing each transfer of any Sample to MMIaccordance with the specifications set out in the Research Plan. All Samples shall have been characterized for the relevant Targeted Traits as specified in the Research Plan. In the event that The Cargill Entities fail Xxxxxxx fails to deliver the Samples as and when required by the Work Research Plan, then MMI shall provide written notice to The Cargill Entities' co-chair of the Steering Committee Xxxxxxx’x Primary Contact and the time for MMI to provide each affected Deliverable and to Complete Delivery to Excel Xxxxxxx shall be extended by a number days equal to the number of days that passed from the due date for such Samples until the date that The Cargill Entities Xxxxxxx delivered the required Samples to MMI. Xxxxxxx shall promptly replace, correct, and/or supplement any Sample and/or provided information that is not consistent with the specifications set out in the Research Plan, or such other technical specifications-as-may have been agreed in writing by the Parties’ respective Primary Contacts. 2.3.2 2.2.2 MMI shall (a) shall use The Cargill Entities' Xxxxxxx Material solely exclusively to meet its obligations under this Agreement, and (b) after the earlier of (i) first (1st) anniversary of the completion of the Research Plan or (ii) upon any earlier termination of this Agreement, MMI shall either (iA) if requested by The Cargill Entities Xxxxxxx, in timely fashion, fashion return all residual Samples Xxxxxxx Material to The Cargill Entities Xxxxxxx (or another at any site designated by The Cargill Entities'Xxxxxxx) at the expense and risk of The Cargill Entities Xxxxxxx within thirty (30) calendar days after the date MMI’s receipt of Complete Delivery or termination of this Agreement such written request, or (iiB) destroy all residual Samples within thirty (30) calendar days after the date of Complete Delivery or termination of this AgreementXxxxxxx Material. MMI shall not distribute, release, sell, disclose, or otherwise transfer the Samples Xxxxxxx Material to any Third Party, except as otherwise may be expressly permitted under Section Article 4 (Confidentiality). 2.3.3 The Cargill Entities reserve . Subject to Section 5.3.1, Xxxxxxx reserves the right to use the Samples and, subject Xxxxxxx Material or any copies thereof for any purpose and to the terms of this Agreement, transfer them to any Third PartyParties.