Provision Language
(1) The Company shall disclose and furnish to WHO the Information and sufficient quantities of the Product(s) in order to enable WHO to assess the Information and arrange for such evaluations of the Product(s), as WHO may determine, are reasonably necessary to assess the performance of the Product(s) and its/their suitability for use at the health care settings in developing countries. At the conclusion of the testing and evaluation process, WHO will report the results thereof to the Company and, at the Company’s request and cost, return or destroy the Information and any unused quantities of the Product(s). For the avoidance of doubt, “Information” as used herein does not include the data and information resulting from the testing and evaluation process, any other testing results and the reports generated as a result of this Agreement (all the foregoing hereinafter jointly referred to as “the Testing Results“). Such Testing Results shall belong to WHO (subject always, however, to the other provisions of this Agreement).
