Sponsor Materials. Upon the request of the Medical College, the Sponsor agrees to accept the return of unused portions of any drugs, chemicals, and other materials supplied by the Sponsor in connection with the Sponsored Research or Biological Materials provided pursuant to the Material Transfer Agreement ("Sponsor Materials"), including the containers in which the Sponsor Materials are shipped, provided that the Sponsor Materials and containers are properly labeled. The Sponsor agrees to furnish the Medical College with sufficient information regarding all such Sponsor Materials to permit reasonable interpretation of the results obtained in the Sponsored Research and to identify precautions needed to help protect the health and safety of personnel using the Sponsor Materials. The Sponsor agrees to indemnify and defend the University (including, without limitation, the Medical College), affiliated hospitals, clinics, and other institutions affiliated with the Medical College, and the officers, trustees, agents, and employees of each of them, and hold them harmless from any and all injury, illness, death, property damage, claim, lawsuit, judgment thereon, or cause of action that results either in whole or in part from the use of the Sponsor Materials (each a "Claim"), not arising from the indemnified party's gross negligence or willful misconduct, if such use was pursuant to Sponsor's directions or was reasonable under the circumstances. The University shall promptly notify Sponsor of any such Claim for which the University intends to claim indemnification, and cooperate fully with Sponsor and its attorneys in the investigation, conduct, defense and settlement of any such Claim.
Appears in 4 contracts
Samples: Sponsored Research Agreement (Genvec Inc), Sponsored Research Agreement (Genvec Inc), Sponsored Research Agreement (Genvec Inc)