Common use of Standard Operating Procedures; Other Policies and Procedures Clause in Contracts

Standard Operating Procedures; Other Policies and Procedures. Participating Institutions are strongly encouraged to use and follow the SMART IRB Standard Operating Procedures (SOPs) with respect to Research covered under this Agreement. However, Participating Institutions may opt to use their own policies and procedures for the reliance relationship if doing so would not render the Participating Institutions in violation of any term of the Agreement. In such cases, Participating Institutions agree that if a provision of their own policies or procedures conflicts with a term of the Agreement, the Agreement will govern as to that term. Participating Institutions may, with respect to certain Research, be subject to specific external policies and procedures governing the IRB reliance relationship (e.g., when they participate in a clinical trial network or when there is an IRB consortium or program that must be used to oversee the Research), and in such cases, notwithstanding anything else in this Section 1.5, such policies and procedures will apply and will override any requirements of this Agreement with which they conflict. In all cases, all Participating Institutions involved in Research under the Agreement must communicate with one another regarding whether the SMART IRB SOPs or another set of policies and procedures will apply to such Research, and must require their Research Personnel (defined in Exhibit A) to review and follow the applicable policies and procedures. The SMART IRB SOPs will be publicly posted and made available to all Participating Institutions. The SMART IRB SOPs will be reviewed periodically and may change from time to time. Material changes will be open for written comments on the appropriate scope of the change(s) and/or on specific topics.