Common use of Violations of this Agreement Clause in Contracts

Violations of this Agreement. A. Institution will investigate allegations by ICPSR or other parties of violations of this Agreement in accordance with its policies and procedures on scientific integrity and misconduct. If the allegations are confirmed, Institution will treat the violations as it would violations of the explicit terms of its policies on scientific integrity and misconduct. B. In the event of a breach of any provision of this Agreement by Institution, Investigator, or any Research Staff, Institution will be fully responsible for the same and will promptly cure the breach and mitigate any damages. Institution hereby acknowledges that any breach of the provisions of this Agreement by Institution, Investigator, or any Research Staff will result in irreparable harm to ICPSR that are not adequately compensable by money damages. Institution hereby agrees that ICPSR will be entitled to injunctive relief in the event of any breach of this Agreement, in addition to money damages. In addition, in the event of any breach of the terms of this Agreement by Institution, Investigator, or any Research Staff, ICPSR may, in its sole and absolute discretion: 1. Terminate this Agreement upon notice and/or immediately remove Institution’s, Investigator’s, and/or any Research Staff’s access to Restricted Data and any derivatives thereof; 2. Deny Institution, Investigator, and any Research Staff future access to Restricted Data; 3. Report the inappropriate use or disclosure (including, but not limited to, the circumstances that led to the breach and any and all other information that ICPSR may deem advisable or necessary to report) by Institution, Investigator, or any Research Staff to Institution’s IRB and/or the appropriate federal and private agencies or foundations that fund or regulate biomedical, behavioral, scientific and/or public policy research; and/or 4. Pursue such other remedies that may be available to ICPSR under law or equity, including injunctive relief. C. Institution agrees, to the extent not prohibited under applicable law, to indemnify the Regents of the University of Michigan from any or all claims, losses, causes of action, judgments, damages, and expenses arising from Investigator’s, Research Staff’s, and/or Institution’s use of the Restricted Data, except to the extent and in proportion such liability or damages arose from the negligence of the Regents of the University of Michigan. Nothing herein will be construed as a waiver of any immunities and protections available to Institution under applicable law. D. In the event of a violation of this Agreement, Investigator must: 1. Notify ICPSR within five (5) business days; 2. Stop work with the Restricted Data immediately; 3. Submit a notarized affidavit acknowledging the violation to ICPSR; 4. Inform the Representative of Institution of the violation and review security protocols and disclosure protections with them. i. The Representative of Institution must submit an acknowledgment of the violation and security protocols and disclosure protections review to ICPSR; and 5. Reapply for access to the Restricted Data. E. Investigator and Institution acknowledge and agree that each is executing this Agreement for the benefit of MCC, and that MCC is a third-party beneficiary of this Agreement who, in addition to any other rights it may have, has the right of direct action against each of Investigator and Institution for any breach of this Agreement (including to seek any of the remedies granted to ICPSR under Section VII), and the right to otherwise enforce this Agreement.

Violations of this Agreement. A. The Institution will investigate allegations by ICPSR or other parties of violations of this Agreement in accordance with its policies and procedures on scientific integrity and misconduct. If the allegations are confirmed, the Institution will treat the violations as it would violations of the explicit terms of its policies on scientific integrity and misconduct. B. In the event of a breach of any provision of this Agreement by the Institution, the Investigator, or any Research Staff, Institution will shall be fully responsible for the same and will promptly cure the breach and mitigate any damages. The Institution hereby acknowledges that any breach of the provisions of this Agreement by the Institution, the Investigator, or any Research Staff will may result in irreparable harm to ICPSR that are may not be adequately compensable by money damages. Institution hereby agrees that ICPSR will be entitled has the right to seek injunctive relief in the event of any breach of this Agreement, in addition to money damages. In addition, in the event of any breach of the terms of this Agreement by Institution, the Investigator, or any Research Staff, ICPSR may, in its sole and absolute discretion: 1. Terminate this Agreement upon notice and/or immediately remove the Institution’s, the Investigator’s, and/or any Research Staff’s access to Restricted Data and any derivatives thereof; 2. Deny the Institution, the Investigator, and any Research Staff future access to Restricted Data; 3. Report the inappropriate use or disclosure (by the Institution, the Investigator, or any Research Staff to the appropriate federal and private agencies or foundations that fund scientific and public policy research, including, but not limited to, the circumstances that led to the breach and any and all other information that ICPSR may deem advisable or necessary to report) by Institution, Investigator, or any Research Staff to Institution’s IRB and/or the appropriate federal and private agencies or foundations that fund or regulate biomedical, behavioral, scientific and/or public policy research; and/or. 4. Pursue such other remedies that may be available to ICPSR under law or equity, including injunctive relief. C. Institution agrees, Except to the extent not prohibited under applicable by law, to indemnify the Regents Institution assumes all liability for damages which may arise from its use, storage, disclosure, or disposal of the University of Michigan from Data. ICPSR will not be liable to Institution for any loss, claim, or all claimsdemand made by the Institution, lossesor made against Institution by any other party, causes of action, judgments, damages, and expenses due to or arising from Investigator’s, Research Staff’s, and/or Institution’s the use of the Restricted DataData by Institution, except to the extent and in proportion such permitted by law when caused by the gross negligence or willful misconduct of ICPSR. No indemnification for any loss, claim, damage, or liability is intended or damages arose from the negligence of the Regents of the University of Michigan. Nothing herein will be construed as a waiver of any immunities and protections available to Institution provided by either party under applicable law. D. In the event of a violation of this Agreement, Investigator must:. 1. Notify ICPSR within five (5) business days; 2. Stop work with the Restricted Data immediately; 3. Submit Upon ICPSR’s request, submit a notarized affidavit acknowledging the violation to ICPSR; 4. Inform the Representative of Institution of the violation and review security protocols and disclosure protections with them. i. The Representative of Investigator’s Institution must submit an acknowledgment of the violation and security protocols and disclosure protections review to ICPSR; and 5. Reapply for access to the Restricted Data. E. Investigator and Institution acknowledge and agree that each is executing this Agreement for the benefit of MCC, and that MCC is a third-party beneficiary of this Agreement who, in addition to any other rights it may have, has the right of direct action against each of Investigator and Institution for any breach of this Agreement (including to seek any of the remedies granted to ICPSR under Section VII), and the right to otherwise enforce this Agreement.

Violations of this Agreement. A. The Institution will investigate allegations by ICPSR or other parties of violations of this Agreement in accordance with its policies and procedures on scientific integrity and misconduct. If the allegations are confirmed, the Institution will treat the violations as it would violations of the explicit terms of its policies on scientific integrity and misconduct. B. In the event of a breach of any provision of this Agreement by Institution, Investigator, or any Research StaffAgreement, Institution will shall be fully responsible for the same and will to promptly cure the breach and mitigate any damages. The Institution hereby acknowledges that any breach of the confidentiality provisions of this Agreement by Institution, Investigator, or any Research Staff will herein may result in irreparable harm to ICPSR that are not adequately compensable by money damages. Institution hereby agrees that ICPSR will be entitled to acknowledges the possibility of injunctive relief in the event of any breach of this Agreementbreach, in addition to money damages. In addition, in the event of any breach of the terms of this Agreement by Institution, Investigator, or any Research Staff, ICPSR may, in its sole and absolute discretion: 1. Terminate this Agreement upon notice and/or immediately remove Institution’s, Investigator’s, and/or any Research Staff’s access to and require return of the Restricted Data and any derivatives thereof; 2. Deny Institution, Investigator, and any Research Staff Investigator future access to Restricted Data;; and/or 3. Report the inappropriate use or disclosure (including, but not limited to, the circumstances that led to the breach and any and all other information that ICPSR may deem advisable or necessary to report) by Institution, Investigator, or any Research Staff to Institution’s IRB and/or the appropriate federal and private agencies or foundations that fund or regulate biomedical, behavioral, scientific and/or and public policy research; and/or. 4. Pursue such Such other remedies that may be available to ICPSR under law or equity, including injunctive relief. C. Institution agrees, to the extent not prohibited under applicable law, to indemnify the Regents of the University of Michigan from any or all claims, losses, causes of action, judgments, damages, and expenses arising from Investigator’s, Research Staff’s, and/or Institution’s use of the Restricted Data, except to the extent and in proportion such liability or damages arose from the negligence of the Regents of the University of Michigan. Nothing herein will shall be construed as a waiver of any immunities and protections available to Institution under applicable law. D. In the event of a violation of this Agreementviolation, the Investigator must: 1. Notify ICPSR within five (5) business days; 2. Stop work with the Restricted Data immediately; 3. Submit a notarized affidavit acknowledging the violation to ICPSR; 4. Inform the Representative of Institution of the violation and review security protocols and disclosure protections with them. i. The Representative of Investigator’s Institution must submit an acknowledgment of the violation and security protocols and disclosure protections review to ICPSR; and 5. Reapply for access to the Restricted Data. E. Investigator and Institution acknowledge and agree that each is executing this Agreement for the benefit of MCC, and that MCC is a third-party beneficiary of this Agreement who, in addition to any other rights it may have, has the right of direct action against each of Investigator and Institution for any breach of this Agreement (including to seek any of the remedies granted to ICPSR under Section VII), and the right to otherwise enforce this Agreement.