Common use of CRADA Materials Clause in Contracts

CRADA Materials. Collaborator and ICD will use reasonable efforts to keep descriptions of CRADA Materials confidential until published or until corresponding Patent Applications are filed. Collaborator acknowledges that the basic research mission of PHS includes sharing with third parties for further research those research resources made in whole or in part with NIH funding. Consistent with this mission and the tenets articulated in “Sharing of Biomedical Research Resources: Principles and Guidelines for Recipients of NIH Research Grants and Contracts”, December 1999, available at xxxx://xxx.xxx.xxx.gov/policy/research tool.aspx, following publication either Party may make available to third parties for further research those CRADA Materials made jointly by both PHS and Collaborator. PHS ICT-CRADA Case Ref. No.02661 MODEL ADOPTED June 18, 2009 TRACON CONFIDENTIAL Notwithstanding the above, if those joint CRADA Materials are the subject of a pending Patent Application or a Patent, or were created using a patent-pending or patented material or technology, the Parties may agree to restrict distribution or freely distribute them. Either Party may distribute those CRADA Materials made solely by the other Party only upon written consent from that other Party or that other Party’s designee.

CRADA Materials. Collaborator and ICD will use reasonable efforts to keep descriptions of CRADA Materials confidential until published or until corresponding Patent Applications are filed. Collaborator acknowledges that the basic research mission of PHS includes sharing with third parties for further research those research resources made in whole or in part with NIH funding. Consistent with this mission and the tenets articulated in “Sharing of Biomedical Research Resources: Principles and Guidelines for Recipients of NIH Research Grants and Contracts”, December 1999, available at xxxx://xxx.xxx.xxx.gov/policy/research tool.aspxxxxx://xxx.xx.xxx.xxx/NewPages/RTguide_final.html, following PHS ICT-CRADA Case Ref. No. MODEL ADOPTED June 18, 2009 Page 13 of 52 publication either Party may make available to third parties for further research those CRADA Materials made jointly by both PHS and Collaborator. PHS ICT-CRADA Case Ref. No.02661 MODEL ADOPTED June 18, 2009 TRACON CONFIDENTIAL Notwithstanding the above, if those joint CRADA Materials are the subject of a pending Patent Application or a Patent, or were created using a patent-pending or patented material or technology, the Parties may agree to restrict distribution or freely distribute them. Either Party may distribute those CRADA Materials made solely by the other Party only upon written consent from that other Party or that other Party’s designee.

CRADA Materials. 8.3 Collaborator and ICD will use reasonable efforts to keep descriptions of CRADA Materials confidential until published or until corresponding Patent Applications are filed. Collaborator acknowledges that the basic research mission of PHS includes sharing with third parties for further research those research resources made in whole or in part with NIH funding. Consistent with this mission and the tenets articulated in “Sharing of Biomedical Research Resources: Principles and Guidelines for Recipients of NIH Research Grants and Contracts”, December 1999, available at xxxx://xxx.xxx.xxx.gov/policy/research tool.aspxxxxx://xxx.xx.xxx.xxx/NewPages/RTguide_final.html, following PHS ICT-CRADA Case Ref. No. _______ MODEL ADOPTED June 18, 2009 Page 13 of 55 publication either Party may make available to third parties for further research those CRADA Materials made jointly by both PHS and Collaborator. PHS ICT-CRADA Case Ref. No.02661 MODEL ADOPTED June 18, 2009 TRACON CONFIDENTIAL Notwithstanding the above, if those joint CRADA Materials are the subject of a pending Patent Application or a Patent, or were created using a patent-pending or patented material or technology, the Parties may agree to restrict distribution or freely distribute them. Either Party may distribute those CRADA Materials made solely by the other Party only upon written consent from that other Party or that other Party’s designee.