MD Xxxxxxxx as an agency of the State of Texas and a member institution of The University of Texas System, is subject to the constitution and laws of the State of Texas and, under the constitution and laws of the State of Texas, possesses certain rights and privileges, is subject to certain limitations and restrictions, and only has such authority as is granted under the constitution and laws of the State of Texas. Notwithstanding anything to the contrary herein, nothing in this Agreement shall obligate The University of Texas System, The Board of Regents of The University of Texas System, MD Xxxxxxxx, or any other agency of The State of Texas to join, or permit the use of its name or otherwise participate, as a litigant in any litigation or adversarial judicial proceeding. Moreover, notwithstanding the generality or specificity of any provision of this Agreement, the provisions of this Agreement as they pertain to MD Xxxxxxxx are enforceable only to the extent authorized by the constitution and laws of the State of Texas. No party to this Agreement will be required to perform or commit any act or omission that would violate any applicable law, including the constitution and laws of the State of Texas. Nothing in this Agreement shall be deemed as a waiver by Board, System or MD Xxxxxxxx of its sovereign immunity. [Signatures Appear on Following Pages]
MD Xxxxxxxx and Cell Source will promptly notify each other upon identifying any aspect of the protocol for the Program or the Program results that may adversely affect the safety, well-being, or medical care of Program subjects, or that may affect the willingness of subjects to continue participation of the Program, influence the conduct of the Program, or may alter the IRB’s approval to continue the Program; when possible, such findings shall be submitted to MD Xxxxxxxx electronically. MD Xxxxxxxx shall promptly notify the IRB of any such events. When Program subject safety or medical care could be directly affected by Program results, then notwithstanding any other provision of this Agreement, MD Xxxxxxxx will send Program subjects a written communication about the results.
MD Xxxxxxxx and Licensee each agree that all information contained in documents marked “confidential” and, if not so marked, information confidential nature would be reasonably recognized by the recipient party from the subject matter or subject type of the information disclosed (“Confidential Information”) and forwarded to one by the other (i) are to be received in strict confidence, (ii) are to be used only for the purposes of this Agreement, and (iii) will not be disclosed by the recipient party, its agents or employees without the prior written consent of the disclosing party, except to the extent that the recipient party can establish by competent written proof that such information:
MD Xxxxxxxx as an agency of the State of Texas and a member institution of The University of Texas System, is subject to the constitution and laws of the State of Texas and, under the constitution and laws of the State of Texas, possesses certain rights and privileges, is subject to certain limitations and restrictions, and only has such authority as is granted under the constitution and laws of the State of Texas. Moreover, notwithstanding the generality or specificity of any provision of this Agreement, the provisions of this Agreement as they pertain to MD Xxxxxxxx are enforceable only to the extent authorized by the constitution and laws of the State of Texas. No Party to this Agreement will be required to perform or commit any act or omission that would violate any applicable law, including the constitution and laws of the State of Texas. Nothing in this Agreement shall be deemed as a waiver by Board, System or MD Xxxxxxxx of its sovereign immunity.
MD Xxxxxxxx has the right to subcontract to other sites to conduct the Study in accordance with the Protocol with terms consistent with this Agreement with written approval of Company, such approval not to be unreasonably withheld. If MD Xxxxxxxx subcontracts any Study related duties, MD Xxxxxxxx shall contract with such subcontractors incorporating terms substantially similar to the terms herein and MD Xxxxxxxx shall be fully responsible for such subcontractor’s compliance with the terms hereof. MD Xxxxxxxx may not assign this Agreement without Company’s prior written approval, such approval not to be unreasonably withheld.
MD Xxxxxxxx. The Board of Regents of The University of Texas System, on behalf of The University of Texas X.X. Xxxxxxxx Cancer Center By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Sr. Vice President and Chief Financial Officer READ AND APPROVED: By: /s/ Xxxxxx Xxxx Name: Xxxxxx Xxxx, Ph.D., X.X. Title: Senior Vice President, Research Administration and Industry Relations
