Common use of Representations and Liability Clause in Contracts

Representations and Liability. 6.1 Recipient acknowledges that any Original Material and Associated Personal Data delivered to it under this Agreement is experimental in nature. Other than those contained in this Agreement, Provider makes no representations nor extends any warranties of any kind, with respect to its Material, Confidential Information and Associated Personal Data. There are no express or implied warranties of merchantability or fitness for a particular purpose, nor does Provider represent that the Material, Confidential Information and Associated Personal Data and/or any use thereof will not infringe any patent, copyright, trade secret, trademark or other rights of third parties. 6.2 Regarding the Original Material, Provider warrants that a) it was collected from Subjects who were appropriately informed and who either explicitly consented to the use of their Material for scientific research or did not object, after having been given the opportunity to do so and b) that it shall be provided under approval from the relevant ethics committee –to the extent required-, all in accordance with locally applicable laws and regulations. Regarding the Associated Personal Data, Provider warrants a) that it has verified that there is an appropriate legal ground for the provision of the Associated Personal Data to Recipient in accordance with the Applicable Data Protection Law, such as Article 6 and/or 5.1 sub b GDPR b) that there is a valid exception to the prohibition for processing personal health data (Article 9 GDPR) and c) that it shall be provided under approval from the relevant ethics committee –to the extent required-. 6.3 The Recipient acknowledges that the Material is experimental in nature and may have hazardous properties and is supplied on an “as is” basis; to the extent allowed by law, Recipient assumes all liability for damages which may arise from use, storage, transport or disposal of the Material, except for damages that are caused by gross negligence or willful misconduct of Provider. 6.4 In regards to the Associated Personal Data and personal data breaches, Recipient shall be responsible and liable for any damages, losses and fines resulting from its own actions or failures to adhere to the terms of this Agreement and Applicable Data Protection Law and Recipient shall indemnify and hold harmless Provider for any of such damages. For the purposes of this sub clause, actions or omissions of data processors contracted by Recipient, shall be attributed to Recipient.

Representations and Liability. 6.1 Recipient acknowledges that any Original Material and Associated Personal Data delivered to it under this Agreement is experimental in nature. Other than those contained in this Agreement, Provider RUMC makes no representations nor extends any warranties of any kind, with respect to its Material, Confidential Information and Associated Personal DataData . There are no express or implied warranties of merchantability or fitness for a particular purpose, nor does Provider RUMC represent that the its Material, Confidential Information and Associated Personal Data and/or any use thereof will not infringe any patent, copyright, trade secret, trademark or other rights of third parties. 6.2 Regarding the Original Material, Provider warrants that a) it was collected from Subjects who were appropriately informed The Material and who either explicitly consented to the use of their Material for scientific research or did not object, after having been given the opportunity to do so and b) that it shall be provided under approval from the relevant ethics committee –to the extent required-, all in accordance with locally applicable laws and regulations. Regarding the Associated Personal Data, Provider Data were collected under appropriate informed consents and RUMC warrants a) that it has verified that there is an appropriate legal ground for the provision of the Associated Personal Data to Recipient in accordance with the Applicable Data Protection Law, such as GDPR (Article 6 and/or 5.1 sub b GDPR GDPR) b) that there is a valid exception to the prohibition for processing personal health data (Article 9 GDPR) and c) that it shall be and is provided under approval from the relevant ethics committee –to the extent required-. 6.3 The Recipient acknowledges that the Material is experimental in nature and may have hazardous properties and is supplied on an “as is” basis; to To the extent allowed by law, Recipient assumes all liability for damages which may arise from use, storage, transport or disposal of the Materialreceived Material and/or any Derivatives, except for damages unless that are caused by gross negligence use, storage, transport or willful misconduct of Providerdisposal was done in reasonable reliance on RUMC’s instructions. 6.4 In regards to the Associated Personal Data and personal data breaches, Recipient shall be responsible and liable for any damages, losses and fines resulting from its own actions or failures to adhere to the terms of this Agreement and Applicable Data Protection Law and Recipient shall indemnify and hold harmless Provider RUMC for any of such damages. For the purposes of this sub clause, actions or omissions of data processors contracted by Recipient, shall be attributed to Recipient.

Representations and Liability. 6.1 Recipient acknowledges that any Original Material and Associated Personal Data delivered to it under this Agreement is experimental in nature. Other than those contained in this Agreement, Provider RUMC makes no representations nor extends any warranties of any kind, with respect to its Material, Confidential Information and Associated Personal Data. There are no express or implied warranties of merchantability or fitness for a particular purpose, nor does Provider RUMC represent that the Material, Confidential Information and Associated Personal Data and/or any use thereof will not infringe any patent, copyright, trade secret, trademark or other rights of third parties. 6.2 Regarding the Original Material, Provider RUMC warrants that a) it was collected from Subjects who were appropriately informed and who either explicitly consented to the use of their Material for scientific research or did not object, after having been given the opportunity to do so and b) that it shall be provided under approval from the relevant ethics committee –to the extent required-, all in accordance with locally applicable laws and regulations. Regarding the Associated Personal Data, Provider RUMC warrants a) that it has verified that there is an appropriate legal ground for the provision of the Associated Personal Data to Recipient in accordance with the Applicable Data Protection Law, such as Article 6 and/or 5.1 sub b GDPR b) that there is a valid exception to the prohibition for processing personal health data (Article 9 GDPR) and c) that it shall be provided under approval from the relevant ethics committee –to -to the extent required-. 6.3 The Recipient acknowledges that the Material is experimental in nature and may have hazardous properties and is supplied on an “as is” basis; to the extent allowed by law, Recipient assumes all liability for damages which may arise from use, storage, transport or disposal of the Material, except for damages that are caused by gross negligence or willful misconduct of Provider.RUMC 6.4 In regards to the Associated Personal Data and personal data breaches, Recipient shall be responsible and liable for any damages, losses and fines resulting from its own actions or failures to adhere to the terms of this Agreement and Applicable Data Protection Law and Recipient shall indemnify and hold harmless Provider RUMC for any of such damages. For the purposes of this sub clause, actions or omissions of data processors contracted by Recipient, shall be attributed to Recipient.