Common use of Study Funding Clause in Contracts

Study Funding. (a) Payments to the Institution and Investigator for the performance of Study shall be made by MedImmune through Utrecht, in accordance with Exhibit I, attached to this Agreement (the “Budget and Payment Schedule”). The Institution and Investigator hereby acknowledge and agree that payments due under this Agreement are pass-through payments and that Utrecht shall have no payment obligations hereunder until such time as said payments are received by Utrecht. The compensation and reimbursement described in the Budget will be the only amounts due or payable to the Institution or Investigator for services provided under this Agreement. Each Study budget includes all direct and indirect costs and expenses (including reasonable pass-through costs (without mark-up) as authorized by MedImmune including any applicable overhead of the Institution or Investigator. Each Study budget shall be determined by the Parties through good faith and arms-length bargaining to be the fair market value of the Study in light of the rights granted to Institution and Investigator hereunder and risks and obligations of MedImmune undertaken in connection with the Study. The Study budget shall not be determined in a manner that takes into account the volume or value of any referrals or other business otherwise conducted between the Parties for which payment may be made under any government health care program or otherwise, nor shall it be determined, or any part of the payments made thereunder, in exchange for any explicit or implicit agreement that Institution or Investigator or any other Institution representatives purchase, recommend, prescribe or otherwise arrange for the use of any product of MedImmune or a MedImmune “Affiliate” (which means any business entity that is controlled by or under common control with MedImmune, LLC).

Study Funding. (a) Payments to the Institution and Investigator for the performance of Study shall be made by MedImmune through Utrecht, in accordance with Exhibit I, attached to this Agreement (the “Budget and Payment Schedule”). The Institution and Investigator hereby acknowledge and agree that payments due under this Agreement are pass-through payments and that Utrecht shall have no payment obligations hereunder until such time as said payments are received by Utrecht. The compensation and reimbursement described in the Budget will be the only amounts due or payable to the Institution or Investigator for services provided under this Agreement. Each Study budget includes all direct and indirect costs and expenses (including reasonable pass-through costs (without mark-up) as authorized by MedImmune including any applicable overhead of the Institution or Investigator. Each Study budget shall be determined by the Parties through good faith and arms-length bargaining to be the fair market value of the Study in light of the rights granted to Institution and Investigator hereunder and risks and obligations of MedImmune undertaken in connection with the Study. The Study budget shall not be determined in a manner that takes into account the volume or value of any referrals or other business otherwise conducted between the Parties for which payment may be made under any government health care program or otherwise, nor shall it be determined, or any part of the payments made thereunder, in exchange for any explicit or implicit agreement that Institution or Investigator or any other Institution representatives purchase, recommend, prescribe or otherwise arrange for the use of any product of MedImmune or a MedImmune “Affiliate” (which means any business entity that is controlled by or under common control with MedImmune, LLC).or