RIGHTS AND OBLIGATIONS OF THE RECIPIENT. 6.1 The Recipient undertakes that the Material shall be used or conserved only for the purposes of research, breeding and training for food and agriculture. Such purposes shall not include chemical, pharmaceutical and/or other non-food/feed industrial uses.
6.2 The Recipient shall not claim any intellectual property or other rights that limit the facilitated access to the Material provided under this Agreement, or its genetic parts or components, in the form received from the Multilateral System.
6.3 In the case that the Recipient conserves the Material supplied, the Recipient shall make the Material, and the related information referred to in Article 5b, available to the Multilateral System using the Standard Material Transfer Agreement.
6.4 In the case that the Recipient transfers the Material supplied under this Agreement to another person or entity (hereinafter referred to as “the subsequent recipient”), the Recipient shall
a) do so under the terms and conditions of the Standard Material Transfer Agreement, through a new material transfer agreement; and
b) notify the Governing Body, in accordance with Article 5e. On compliance with the above, the Recipient shall have no further obligations regarding the actions of the subsequent recipient.
6.5 In the case that the Recipient transfers a Plant Genetic Resource for Food and Agriculture under Development to another person or entity, the Recipient shall: 5 Note by the Secretraiat: The Standard Material Transfer Agreement makes provision for information to be provided to the Governing Body, in the following Articles: 5e, 6.4b, 6.5c and 6.11h, as well as in Annex 2, paragraph 3, Annex 3, paragraph 4, and in Annex 4. Such informationshould be submitted to: The Secretary International Treaty on Plant Genetic Resources for Food and Agriculture Food and Agriculture Organization of the United Nations I-00100 Rome, Italy
a) do so under the terms and conditions of the Standard Material Transfer Agreement, through a new material transfer agreement, provided that Article 5a of the Standard Material Transfer Agreement shall not apply;
b) identify, in Annex 1 to the new material transfer agreement, the Material received from the Multilateral System, and specify that the Plant Genetic Resources for Food and Agriculture under Development being transferred are derived from the Material;
c) notify the Governing Body, in accordance with Article 5e; and
d) have no further obligations regarding the actions of any subsequent re...
RIGHTS AND OBLIGATIONS OF THE RECIPIENT. 6.1 The Recipient undertakes that the Material shall be used or conserved only for the purposes of research, breeding and training for food and agriculture. Such purposes shall not include chemical, pharmaceutical and/or other non-food/feed industrial uses.
6.2 The Recipient shall not claim any intellectual property or other rights that limit the facilitated access to the Material provided under this Agreement, or its genetic parts or components, in the form received from the Multilateral System.
6.3 In the case that the Recipient conserves the Material supplied, the Recipient shall make the Material, and the related information referred to in Article 5b, available to the Multilateral System using the Standard Material Transfer Agreement.
6.4 In the case that the Recipient transfers the Material supplied under this Agreement to another person or entity (hereinafter referred to as “the subsequent recipient”), the Recipient shall
a) do so under the terms and conditions of the Standard Material Transfer Agreement, through a new material transfer agreement; and
b) notify the Governing Body, in accordance with Article 5e. On compliance with the above, the Recipient shall have no further obligations regarding the actions of the subsequent recipient.
RIGHTS AND OBLIGATIONS OF THE RECIPIENT. 6.1 The Recipient undertakes that the Material shall be used or conserved only for the purposes of research, breeding and training for food and agriculture. Such purposes shall not include chemical, pharmaceutical and/or other non-food/feed industrial uses.
RIGHTS AND OBLIGATIONS OF THE RECIPIENT. IV.1.1. The Recipient is entitled to operate the Subject under the terms set out in the relevant legal regulations and the Agreement.
IV.1.2. The Recipient is required to refrain from any actions that may give rise to third-party rights to the Subject. The Recipient must particularly not sell, donate or otherwise alienate the Subject or legally encumber it, lease or lend it, or provide it to another for use. This does not apply if the Provider gave its prior, written and explicit consent to such actions by the Recipient. The Recipient is entitled to lend the Subject or provide it to a close person for use, even without the Provider’s prior written consent, during which time a close person means a close relative, sibling or spouse for the purpose of this Agreement. At the same time, no side agreements between the Recipient and the supplier of the Subject, which may result in the Provider’s rights being restricted and/or their execution being made more difficult or prevented, are permissible. The Recipient shall, under all circumstances, take all the necessary steps to protect the Provider’s title to the Subject (throughout the period for which the title is transferred to the Provider), especially to protect such title by all legal means (including the assurance of court or other similar protection) against all third parties who could infringe upon such right or endanger it in any manner; if the Provider gives any instruction to the Recipient in this respect, the Recipient shall follow such instruction.
IV.1.3. The Recipient is also required to exercise due diligence in its treatment of the Subject and particularly to assure its professional care. The Recipient is particularly required to:
a) protect the Subject against damage, loss or destruction, from the time of its acceptance;
b) use the Subject in the manner specified by its manufacturer and/or supplier in the instructions for use, or in other documents, and adhere to the servicing conditions stipulated by the manufacturer and/or supplier; If the manufacturer and/or supplier does not determine the manner of use of the Subject, the Recipient is required to use the Subject in the usual manner;
c) constantly maintain the Subject in a condition fit for the usual or contractual use in compliance with the relevant legal regulations and recommendations of the manufacturer and/or supplier, at its expense;
d) fulfil all obligations arising from use, operation and maintenance of the Subject, particularly accordin...
RIGHTS AND OBLIGATIONS OF THE RECIPIENT. The Recipient shall be held solely responsible for complying with regulations, in particular the sanitary (quarantine, etc.) and biosafety regulations, as well as the rules governing the import and dissemination of biological material, applicable in the country or countries where the Material is introduced or disseminated under this MTA. The Recipient shall ensure that the Material is handled by persons with the necessary skills, knowledge, experience and abilities, on appropriate premises and with appropriate equipment, befitting the nature of the Material. The Recipient shall be held solely responsible for any loss, damages, claims or other obligations resulting from the use of the Material, whatever the cause.
RIGHTS AND OBLIGATIONS OF THE RECIPIENT i. The Recipient shall use the material(s) for the described and permitted uses only.
ii. The Recipient shall be responsible for ensuring that all permits required for the movement of the material are obtained and that sufficient proof of such permits is provided to Kenya Wildlife Service
iii. In no circumstances shall the recipient collect a sample in such a way that will threaten or be detrimental to the survival of the specimen or depletes the supply of that material in the wild.
iv. No commercialization or transfer of the material to a third party shall take place without consent from and negotiated agreement with Kenya Wildlife Service
v. In case of commercialization without consent and agreement with Kenya Wildlife Service, the recipient shall pay 50% of the gross value of the product based on internationally accepted audited accounts
vi. The recipient shall pay 10% of the commercialized product into the mechanism established by KWS for this purpose in accordance with the benefit-sharing scheme as provided in Annex to this agreement
vii. Technologies and processes developed on the use of the biomaterial shall be accessed freely by Kenya Wildlife Service on behalf of the Government of Kenya.
viii. The recipient agrees that Kenya shall be the preferred country of supply in event of commercialization of the biomaterial
ix. The material obtained under this agreement shall only be transferred by the recipient to a third party with prior written authorization from the Director Kenya Wildlife Service
x. The recipient shall acknowledge this agreement and contribution of Kenya Wildlife Service and where applicable, local communities and stakeholders in all and any publications, patents or presentations involving the use of the material.
xi. The recipient will indemnify and keep Kenya Wildlife Service and the State harmless from any claim, action, and damage or cost deriving from or in connection with the recipient’s transfer or use of the material.
RIGHTS AND OBLIGATIONS OF THE RECIPIENT. 3.1. The biomaterial is to be analysed at and subsequently destroyed after the assessment has been completed.
3.2. The Recipient shall remain in possession of the Biomaterial from the date of commencement of this Agreement until such time as the Provider terminates the contract.
3.3. The Recipient shall not use the biomaterial or its derivatives for any work sponsored by any interest, which creates a licensing obligation to any third party.
3.4. The biomaterial or its derivatives shall not be given, loaned or transferred in whole or in part to any third party without prior informed consent of the Provider. Any third party requesting a sample shall be first referred to the Provider for approval and express written permission.
3.5. All users of the biomaterial and its derivatives in the research laboratory or institution shall, before embarking on the research agree in writing not to transfer by work or deed any aspect or part of the Biomaterial. These non-disclosure agreements must be furnished to the Provider on a quarterly basis.
3.6. The biomaterial nor its derivatives shall not be used for commercial or profit-making purposes.
3.7. The Recipient shall supply the Provider with updates of the results of research obtained through their use of the biomaterial at six (6) month intervals.
3.8. The Recipient shall deliver to the Provider via email, any manuscript that describes the work with the biomaterial or its derivatives, thirty (30) days prior to its submission for review for any publication and will therein acknowledge the Provider’s contribution to the work published or reported. This manuscript shall be in English.
3.9. If the research with the biomaterial or its derivatives is published in an online journal, a PDF copy of the final version shall be submitted to the Provider no later than fourteen (14) days after its publication. If the work with the biomaterial is published in print, then a hard copy of the final document shall be submitted to the Provider no later than twenty-one (21) days after its publication. The final research documents must be submitted in English.
RIGHTS AND OBLIGATIONS OF THE RECIPIENT. 4.1 The Recipient undertakes that the Material shall be used or conserved only for the purposes stated in the request form.
4.2 The Recipient shall not claim any intellectual property or other rights that limit the facilitated access to the Material provided under this Agreement, or its genetic parts or components, in the form received from the Provider.
4.3 The Recipient shall not distribute the Material to a third party.
4.4 The Recipient shall make available to the Provider all non-confidential information that results from research and development carried out on the Material.
4.5 In the case that the Recipient commercializes a Product that is a Plant Genetic Resource for Food and Agriculture and that incorporates Material as referred to in Article 3 of this Agreement, the Recipient is encouraged to make voluntary payments into the mechanism established by the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture for this purpose in accordance with Annex B to this Agreement
RIGHTS AND OBLIGATIONS OF THE RECIPIENT. 4.1 The Recipient will undertake the following with respect to the Materials:
4.1.1 To comply with its respective WHO Network Terms of Reference [and the Framework], including the sharing of viruses and information.
4.1.2 To ensure that the Materials are handled in accordance with applicable WHO guidelines and national bio-safety standards.2 (Consensus)
RIGHTS AND OBLIGATIONS OF THE RECIPIENT. 5.1 The Recipient undertakes the following with respect to the Materials:
5.1.1 To comply with its respective WHO GISRS terms of reference.
