Master Alliance Provisions Guide (MAPGuide)

IMI 2 Joint Undertaking Model Consortium Agreement

  • Information sharing & data safety | Material transfer

§9 Material Transfer Obligations

Materials” means all types of tangible chemical, biological and/or physical materials. (§1 Definition) Materials are transferred for the performance of the Action from “Providing Beneficiary” to “Recipient Beneficiary.”

The Materials shall be used solely for performance of the Action in accordance with this Consortium Agreement. The Recipient Beneficiary needs to have all the required authorizations under all applicable laws and regulations to perform the Allocated Work using the Materials. The Materials shall be used in full compliance with all applicable laws and regulations. The Materials shall not be analyzed or modified except as necessary for the purpose of the Action.

The Materials shall not be transferred or made available to any individual other than those under the supervision and control of the Recipient Beneficiary, its Affiliated Entities, Linked Third Parties, Associated Partners and/or Sub-Contractors. Upon completion of the Action, or the expiry or termination of this Consortium Agreement, any unused Materials will be either returned to the Providing Beneficiary, which made them available, or disposed of/destroyed in accordance with all applicable laws and regulations and provide Providing Beneficiary with a written confirmation of such disposal or destruction.

All Materials are transferred with no warranties, express or implied, of merchantability or fitness for a particular purpose or otherwise. In particular, no Providing Beneficiary represents or warrants that the use of the Materials will not infringe or violate any patent or proprietary rights of Third Parties.