Common use of Use of the Data by the Recipient Clause in Contracts

Use of the Data by the Recipient. The Recipient agrees: (i) to use the Data for the sole purpose of conducting Research that is directed and overseen by the Recipient Researcher; and (ii) to use the Data in compliance with all applicable federal, state, local, international, health authority and institutional laws, rules, regulations, orders and guidelines (including the Data Protection Legislation); and (iii) to maintain, store and treat the Data in the same manner, and with the same level of care (but in no event less than a reasonable level of care), as the Recipient would maintain, store and treat its own proprietary or confidential information to prevent its unauthorized transfer, disclosure or publication, as applicable; and (iv) not to use the Data to attempt to determine, or determine, the identity of any of the research participants participating in the Enroll-HD Study whose (A) genotypic or phenotypic data is included in the Data and/or (B) data and/or biological materials were used to derive data included in the Data; and (v) if the Recipient is established in a country outside of the European Economic Area (and, as of, or at any time after, the effective date of this Agreement, either (A) that country does not hold a European Commission decision finding that such country provides an adequate level of protection or (B) the Recipient does not hold a European Commission decision finding that it provides an adequate level of protection), to (1) agree with CHDI in its capacity as the "data exporter" (as defined in the Standard Contractual Clauses) of the Data and (2) comply with each of the contractual clauses set out in the Standard Contractual Clauses in its capacity as the "data importer" (as defined in the Standard Contractual Clauses) of the Data (to the extent that the Standard Contractual Clauses are superseded or replaced by equivalent standard data protection clauses adopted by the European Commission in accordance with the examination procedure referred to in Article 93(2) of the GDPR (the "Updated Contractual Clauses"), the Recipient acknowledges and agrees that, as of the date the Updated Contractual Clauses become effective, the Standard Contractual Clauses shall cease to apply to any and all transfers of personal data and the Updated Contractual Clauses shall supersede and replace the Standard Contractual Clauses from such effective date; provided, that, Annex B to the Standard Contractual Clauses shall be deemed to be incorporated into, and form part of, the Updated Contractual Clauses); and (vi) subject to, and except as expressly permitted by, this Agreement or otherwise expressly consented to in writing by CHDI, not to transfer or disclose the Data to any third party; and (vii) subject to, and except as expressly permitted by, this Agreement or otherwise expressly consented to in writing by CHDI, not to publish the Data (including any Data contained or incorporated in any Research Results); and (viii) to report to CHDI any personal data breach, use, transfer, disclosure or publication of the Data not expressly permitted by this Agreement within 48 hours of becoming aware of any such data breach, use, transfer, disclosure or publication irrespective of whether there is a requirement under the Data Protection Laws to notify any supervisory authority or data subject(s).

Use of the Data by the Recipient. The Recipient agrees: (i) to use the Data for the sole purpose of conducting Research that is directed and overseen by the Recipient Researcher; andand‌ (ii) to use the Data in compliance with all applicable federal, state, local, international, health authority and institutional laws, rules, regulations, orders and guidelines (including the Data Protection Legislation)guidelines; and (iii) to maintain, store and treat the Data in the same manner, and with the same level of care (but in no event less than a reasonable level of care), as the Recipient would maintain, store and treat its own proprietary or confidential information to prevent its unauthorized transfer, disclosure or publication, as applicable; and (iv) not to use the Data to attempt to determine, or determine, the identity of any of the research participants participating in the Enroll-HD Study whose (A) genotypic or phenotypic data is included in the Data and/or (B) data and/or biological materials were used to derive data included in the Data; and (v) if the Recipient is established in a country outside of the European Economic Area (and, as of, or at any time after, of the effective date of this Agreement, either (A) that country does not hold a European Commission decision finding that such country provides an adequate level of of‌ protection or (B) the Recipient does not hold a European Commission decision finding that it provides an adequate level of protection), to (1) agree with CHDI in its capacity as the "data exporter" (as defined in the Standard Contractual ClausesExhibit 1) of the Data and (2) comply with each of the contractual clauses set out in the Standard Contractual Clauses Exhibit 1 in its capacity as the "data importer" (as defined in the Standard Contractual ClausesExhibit 1) of the Data (to such contractual clauses being based upon the extent that the Standard Contractual Clauses are superseded or replaced by equivalent EU standard data protection contractual clauses adopted published by the European Commission in accordance with the examination procedure referred pursuant to in Article 93(226(2) of the GDPR (the "Updated Contractual Clauses"), the Recipient acknowledges and agrees that, as of the date the Updated Contractual Clauses become effective, the Standard Contractual Clauses shall cease to apply to any and all transfers of personal data and the Updated Contractual Clauses shall supersede and replace the Standard Contractual Clauses from such effective date; provided, that, Annex B to the Standard Contractual Clauses shall be deemed to be incorporated into, and form part of, the Updated Contractual ClausesDirective 95/46/EC); and (vi) subject to, and except as expressly permitted by, this Agreement or otherwise expressly consented to in writing by CHDI, not to transfer or disclose the Data to any third party; and (vii) subject to, and except as expressly permitted by, this Agreement or otherwise expressly consented to in writing by CHDI, not to publish the Data (including any Data contained or incorporated in any Research Results); and (viii) to report to CHDI any personal data breach, use, transfer, disclosure or publication of the Data not expressly permitted by this Agreement within 48 hours of becoming aware of any such data breach, use, transfer, disclosure or publication irrespective of whether there is a requirement under the Data Protection Laws to notify any supervisory authority or data subject(s)publication.

Use of the Data by the Recipient. The Recipient agrees: (i) to use the Data for the sole purpose of conducting Research that is either directed and and/or overseen by by, or conducted in collaboration with, the Recipient Researcher; and (ii) to retain or continue to use the Data only for as long as is required by the Recipient to fulfil the Research purposes for which the Data was provided and licensed to the Recipient under this Agreement; and (iii) to use the Data in compliance with all applicable federal, state, local, international, health authority and institutional laws, rules, regulations, orders and guidelines (including the Data Protection Legislation); and (iiiiv) to maintain, store and treat the Data in the same manner, and with the same level of care (but in no event less than a reasonable level of care), as the Recipient would maintain, store and treat its own proprietary or confidential information to prevent its unauthorized transfer, disclosure or publication, as applicable; and (ivv) to have and maintain appropriate technical and organizational measures, to ensure and demonstrate that its use of the Data is performed in accordance with the Data Protection Legislation and to ensure the security of the Data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorized transfer, disclosure, access or use (such technical and organizational measures are described in Exhibit 4 attached hereto) for as long as the Recipient retains or continues to use the Data; and (vi) not to use the Data to attempt to determine, or determine, the identity of any of the research participants participating in the Enroll-HD Study clinical studies and/or trials whose (A) genotypic or phenotypic data is included in the Data and/or (B) data and/or biological materials were used to derive data included in the Data; and (vvii) if the Recipient is established in a country outside of the European Economic Area (and, EEA) which as of, or at any time after, the effective date of this Agreement, either (A) that country does not hold a European Commission decision finding that such country provides an adequate level Adequacy Decision pursuant to Article 45 of protection the GDPR or (B) the Recipient itself does not hold a European Commission decision finding that it provides an adequate level of protection), Adequacy Decision pursuant to (1) agree with CHDI in its capacity as the "data exporter" (as defined in the Standard Contractual Clauses) Article 45 of the Data GDPR, it will be bound by, and (2) comply with each of the contractual clauses set out in with, the Standard Contractual Clauses in its capacity as the "data importer" (as defined in the Standard Contractual Clauses) of the Data Data; and (viii) in addition to Section 6(a)(vii) of this Agreement, if the extent that Recipient is established in a country outside of the UK which as of, or at any time after, the effective date of this Agreement, does not hold a UK and/or European Commission Adequacy Decision pursuant to Article 45 of the UK GDPR or the Recipient itself does not hold a UK and/or European Commission Adequacy Decision pursuant to Article 45 of the UK GDPR, it will be bound by, and comply with, the UK Addendum and the Standard Contractual Clauses are superseded or replaced by equivalent standard in its capacity as the "data protection clauses adopted by importer" (as defined in the European Commission in accordance with the examination procedure referred to in Article 93(2Standard Contractual Clauses) of the GDPR (the "Updated Contractual Clauses"), the Recipient acknowledges and agrees that, as of the date the Updated Contractual Clauses become effective, the Standard Contractual Clauses shall cease to apply to any and all transfers of personal data and the Updated Contractual Clauses shall supersede and replace the Standard Contractual Clauses from such effective date; provided, that, Annex B to the Standard Contractual Clauses shall be deemed to be incorporated into, and form part of, the Updated Contractual Clauses)Data; and (viix) subject to, and except as expressly permitted by, this Agreement or otherwise expressly consented to in writing by CHDI, not to transfer or disclose the Data to any third party; and (viix) subject to, and except as expressly permitted by, this Agreement or otherwise expressly consented to in writing by CHDI, not to publish the Data (including any Data contained or incorporated in any Research Results); and (viiixi) to report to CHDI any personal data breach, use, transfer, disclosure or publication of the Data not expressly permitted by this Agreement within 48 hours of becoming aware of any such data breach, use, transfer, disclosure or publication irrespective of whether there is a requirement under the Data Protection Laws to notify any supervisory authority or data subject(s); and (xii) to promptly notify CHDI if the Recipient makes a good-faith determination that the Recipient no longer has a need to retain or continue to use the Data to fulfil the Research purposes for which the Data was provided and licensed to the Recipient under this Agreement; and (xiii) cause each Permitted Data Transferee to agree to comply with each of Section 6(a)(i) through Section 6(a)(xi) of this Agreement.

Use of the Data by the Recipient. The Recipient agrees: (i) to use the Data for the sole purpose of conducting Research that is directed and overseen by the Recipient Researcher; andand‌ (ii) to use the Data in compliance with all applicable federal, state, local, international, health authority and institutional laws, rules, regulations, orders and guidelines (including the Data Protection Legislation)guidelines; and (iii) to maintain, store and treat the Data in the same manner, and with the same level of care (but in no event less than a reasonable level of care), as the Recipient would maintain, store and treat its own proprietary or confidential information to prevent its unauthorized transfer, disclosure or publication, as applicable; and (iv) not to use the Data to attempt to determine, or determine, the identity of any of the research participants participating in the Enroll-HD Study whose research participants whose (A) genotypic or phenotypic data is included in the Data and/or (B) data and/or biological materials were used to derive data included in the Data; and (v) if the Recipient is established in a country outside of the European Economic Area (and, as of, or at any time after, of the effective date of this Agreement, either (A) that country does not hold a European Commission decision finding that such country provides an adequate level of protection or (B) the Recipient does not hold a European Commission decision finding that it provides an adequate level of protection), to (1) agree with CHDI in its capacity as the "data exporter" (as defined in the Standard Contractual ClausesExhibit 1) of the Data and (2) comply with each of the contractual clauses set out in the Standard Contractual Clauses Exhibit 1 in its capacity as the "data importer" (as defined in the Standard Contractual ClausesExhibit 1) of the Data (to such‌ contractual clauses being based upon the extent that the Standard Contractual Clauses are superseded or replaced by equivalent EU standard data protection contractual clauses adopted published by the European Commission in accordance with the examination procedure referred pursuant to in Article 93(226(2) of the GDPR (the "Updated Contractual Clauses"), the Recipient acknowledges and agrees that, as of the date the Updated Contractual Clauses become effective, the Standard Contractual Clauses shall cease to apply to any and all transfers of personal data and the Updated Contractual Clauses shall supersede and replace the Standard Contractual Clauses from such effective date; provided, that, Annex B to the Standard Contractual Clauses shall be deemed to be incorporated into, and form part of, the Updated Contractual ClausesDirective 95/46/EC); and (vi) subject to, and except as expressly permitted by, this Agreement or otherwise expressly consented to in writing by CHDI, not to transfer or disclose the Data to any third party; and (vii) subject to, and except as expressly permitted by, this Agreement or otherwise expressly consented to in writing by CHDI, not to publish the Data (including any Data contained or incorporated in any Research Results); and (viii) to report to CHDI any personal data breach, use, transfer, disclosure or publication of the Data not expressly permitted by this Agreement within 48 hours of becoming aware of any such data breach, use, transfer, disclosure or publication irrespective of whether there is a requirement under the Data Protection Laws to notify any supervisory authority or data subject(s).publication.‌