Material Transfer Provisions Sample Clauses

Material Transfer Provisions. Where the Clinical Investigation Plan requires the Trial Site to supply Material to the Sponsor this Appendix 6 shall apply. In accordance with the Clinical Investigation Plan, the Trial Site shall send Material to the Sponsor or, in accordance with Section 7 below, to a third party nominated by the Sponsor. The Trial Site warrants that all Material has been collected with appropriate informed consent and has been collected and handled in accordance with applicable law (including, without limitation, the Human Tissue Act 2004) and as required by the Clinical Investigation Plan. Subject to Section 2 above, the Material is supplied without any warranty, expressed or implied, including as to its properties, merchantable quality, fitness for any particular purpose, or freedom from infection. The Sponsor shall ensure, or procure through an agreement with the Sponsor’s nominee as stated in Section 1 above, that: the Material is used in accordance with the consent of the Clinical Investigation Participant and the approval of all Regulatory Authorities for the Clinical Investigation and the Clinical Investigation Plan; the Material is handled and stored in accordance with applicable law; the Material shall not be redistributed or released to any person other than in accordance with the Clinical Investigation Plan or for the purpose of undertaking other research approved by an appropriate ethics committee, where such approval is required, and in accordance with the Clinical Investigation Participant’s consent. The Parties shall comply with all relevant laws, regulations and codes of practice governing the Clinical Investigation and the use of human biological material. The Trial Site and the Sponsor shall each be responsible for keeping a record of the Material that has been transferred according to this Appendix 6. To the extent permitted by law, the Trial Site and its Personnel shall not be liable for any consequences of the supply to or the use by the Sponsor of the Material, or of the supply to or the use by any third party to whom the Sponsor subsequently provides the Material, or the Sponsor’s nominee as stated in Section 1 above, save to the extent that any liability that arises is a result of the negligence, wrongful acts or omissions or breach of statutory duty of the Trial Site or its Personnel, or their failure to comply with the terms of this Agreement. The Sponsor undertakes that, in the event that Material is provided to a third party in accordance wi...