Termination and Violations Sample Clauses

Termination and Violations. 1. UTAH may terminate this Agreement if either RECIPIENT or PI is in default of any terms and conditions of this Agreement and such default has not been remedied within 10 days after the date of written notice of such default. UTAH may unilaterally terminate this Agreement for any reason within 90 days written notice to RECIPIENT.
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Termination and Violations. This Data Use Certification will be in effect for a period of one (1) year from the date the dataset(s) are made accessible to the Approved User (“Approved Access Date”). At the end of the access period, Approved Users agree to destroy all copies of the requested dataset(s), except as required by publication practices or law to retain them. Consideration will be given to a renewal of this agreement upon submission of a new DAR. Copies of NIH genomic dataset(s) may not need to be destroyed if, with advance notice and approval by the NHLBI Data Access Committee, the project has been transferred to another Approved User. In this case, documentation must be provided that other Approved Users are using the dataset(s) under an active DAC approved research project at the same institution. The Requester and Approved User acknowledge that the NIH or the NHLBI may terminate this agreement and immediately revoke access to all NIH genomic datasets at any time if the Requester is found to be no longer in agreement with the policies, principles and procedures of the NIH and the NHLBI. ***************************************** By submission of the attached Data Access Request, the Requester through the Institutional Signing Official attests to the Approved Users’ qualifications for access to and use of NIH genomic dataset(s) and certifies their agreement to the NIH principles, policies and procedures for the use of the requested datasets as articulated in this document, including the potential termination of access should a violation of any of these agreement terms be identified. Requesters and the Principal Investigator further acknowledge that they have shared this document and the NIH GWAS data sharing policies and procedures for access and use of genomic datasets with any Approved Users, appropriate research staff, and all other Key Personnel identified in the DAR. Institutional Signing Officials acknowledge that they have considered the relevant NIH GWAS policies and procedures, that they have shared this document and the relevant policies and procedures with appropriate institutional organizations, and have assured compliance with local institutional policies related to technology transfer, information technology, privacy, and human subjects research. Definitions of Terminology Appendix
Termination and Violations. Upon Project Close-out, or expiration/termination of this Agreement, the Approved User agrees to destroy all copies, versions, and derivations of the dataset(s) retrieved from NIH-designated controlled-access databases, on both local servers and hardware, and if cloud computing was used, delete the data and cloud images from cloud computing provider storage, virtual and physical machines, databases, and random access archives, except as required by publication practices, institutional policies, or law to retain them. The Requester and Approved User understand that the NIH may terminate this Agreement and the NCI DAC may terminate the DAR including this Agreement and immediately revoke access to all controlled-access datasets subject to the GDS Policy at any time if the Institution or Approved User does not comply with the policies, principles and procedures of the NIH and the NCI DAC or is in breach of this Agreement. Appendix
Termination and Violations. Upon project close-out, all Approved Users agree to destroy all copies, versions, and derivations of the dataset(s) retrieved from NIH-designated controlled-access databases, on both local servers and hardware, and if cloud computing was used, delete the data and cloud images from cloud computing provider storage, virtual and physical machines, databases, and random access archives, except as required by publication practices, institutional policies, or law to retain them. The Requester and PI acknowledge that the NIH or the eNCI may terminate this agreement and immediately revoke access to all controlled-access datasets subject to the GDS Policy at any time if the Requester is found to be no longer in agreement with the policies, principles and procedures of the NIH and the eNCI. Appendix Definitions Approved User: A user approved by the relevant Data Access Committee(s) to access one or more datasets for a specified period of time and only for the purposes outlined in the Principal Investigator (PI)’s approved Research Use Statement. The Information Technology (IT) Director indicated on the Data Access Request, as well as any staff members and trainees under the direct supervision of the PI are also Approved Users and must abide by the terms laid out in the Data Use Certificate Agreement. Collaborator: An individual who is not under the direct supervision of the PI (e.g., not a member of the PI’s laboratory) who assists with the PI’s research project involving controlled-access data subject to the GDS Policy. Internal collaborators are employees of the Requester and work at the same location/campus as the PI. External collaborators are not employees of the Requester and/or do not work at the same location as the PI, and consequently must be independently approved to access controlled-access data subject to the GDS Policy.
Termination and Violations. The NICHD may terminate this agreement if RECIPIENT or APPROVED USERS are in default of any of its conditions and such default has not been remedied within 30 days after the date of written notice of such default by an authorized representative of the NICHD. Past violations will be taken into consideration by the NICHD for future requests from the RECIPIENT and APPROVED USERS to access NICHD Research Materials.
Termination and Violations. The NCI may terminate this agreement if the RECIPIENT(S) are in default of any of its conditions and such default has not been remedied within 30 days after the date of written notice of such default by an authorized representative of the NCI. Past violations will be taken into consideration by the NCI for future requests from the RECIPIENT(S) to access NCI data.
Termination and Violations. Upon project close-out, all Approved Users agree to destroy all copies, versions, and Data Derivatives of the dataset(s) retrieved from NIAGADS, on both local servers and hardware, and if cloud computing was used, delete the data and cloud images from cloud computing provider storage, virtual and physical machines, databases, and random access archives, in accord with the NIH Security Best Practices for Controlled-Access Data Subject to the NIH Genomic Data Sharing (GDS) Policy. However, the Requester may retain these data as necessary to comply with any institutional policies (e.g., scientific data retention policy), law, and scientific transparency expectations for disseminated research results, and/or journal policies. A Requester who retains data for any of these purposes continues to be a xxxxxxx of the data and is responsible for the management of the retained data in accordance with the NIH Security Best Practices for Controlled- Access Data Subject to the NIH Genomic Data Sharing (GDS) Policy, and any institutional policies. Any retained data may only be used by the PI and Requester to support the findings (e.g., validation) resulting from the research described in the DAR that was submitted by the Requester and approved by NADAC. The data may not be used to answer any additional research questions, even if they are within the scope of the approved Data Access Request, unless the Requester submits a new DAR and is approved by the NADAC to conduct the additional research. If a Requester retains data for any of these purposes, the relevant portions of Terms 4, 5, 6, 7, and 11 remain in effect after termination of this Data Use Certification Agreement. These terms remain in effect until the data is destroyed.
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Termination and Violations. The NHLBI may terminate this agreement if RECIPIENT or APPROVED USERS are in default of any of its conditions and such default has not been remedied within 30 days after the date of written notice of such default by an authorized representative of the NHLBI. Past violations will be taken into consideration by the NHLBI for future requests from the RECIPIENT and APPROVED USERS to access NHLBI Research Materials.
Termination and Violations. Upon project close-out, all Approved Users agree to destroy all copies of the requested dataset(s), on both local servers and hardware, and if cloud computing was used, delete the data and cloud images from cloud computing provider storage, virtual and physical machines, databases, and random access archives, except as required by publication practices or law to retain them. The Requester and PI acknowledge that the NIH or the NIAGADS Data Use Committee may terminate this agreement and immediately revoke access to all controlled-access datasets subject to the GDS Policy at any time if the Requester is found to be no longer in agreement with the policies, principles and procedures of the NIH and the NADAC. APPENDIX DEFINITIONS Approved User: A user approved by the relevant Data Access Committee(s) to access one or more datasets for a specified period of time and only for the purposes outlined in the Principal Investigator (PI)’s approved Research Use Statement. The Information Technology (IT) Director indicated on the Data Access Request, as well as any staff members and trainees under the direct supervision of the PI are also Approved Users and must abide by the terms laid out in the Data Use Certificate Agreement. Collaborator: An individual who is not under the direct supervision of the PI (e.g., not a member of the PI’s laboratory) who assists with the PI’s research project involving controlled-access data subject to the GDS Policy. Internal collaborators are employees of the Requester and work at the same location/campus as the PI. External collaborators are not employees of the Requester and/or do not work at the same location as the PI, and consequently must be independently approved to access controlled-access data subject to the GDS Policy.

Related to Termination and Violations

  • TERMINATION AND CONSEQUENCES OF TERMINATION 14.1 On termination of any Service Schedule for whatever reason the Client will cease to have the Services provided thereunder.

  • Termination and Survival (a) This Agreement shall become effective as of the date of this Agreement.

  • Termination and Remedies Provided no TO is outstanding and remains to be performed by either party, this Agreement may be terminated by either party upon 30 days prior written notice to the other party. Any TO may be terminated under the following circumstances: by both Parties on mutual written agreement of the Parties; by either Party for its convenience with written notice and after the Termination Notice Period specified in the Additional Terms has expired; by Mercy Corps immediately upon written notice in the event Mercy Corps’ donor(s) terminates or withdraws funding that Mercy Corps would use to pay Contractor under the Additional Terms; by either Party due to the non-terminating Party’s breach of this Agreement and failure to correct such breach within 15 days prior notice of such breach; be either Party upon written notice if a force majeure event, including any not reasonably foreseeable war, insurrection, change in law or government action or inaction, strike, natural disaster or similar event, prevents the terminating Party from being able to fulfill its obligations under this Agreement; or by Mercy Corps immediately upon written notice if Mercy Corps using its sole discretion determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, in which case Mercy Corps may withhold any and all amounts owed to Contractor until such breach is remedied. In the event of termination due to Contractor’s breach or by Contractor for Contractor’s convenience, Mercy Corps will not be obligated to pay Contractor for any partially completed work. In the event termination is due to Mercy Corps’ breach, by Mercy Corps for Mercy Corps convenience, due to force majeure event, or due to loss of funding, Mercy Corps will be obligated to pay Contractor for its reasonable, pro-rated costs of work completed and expenses properly incurred prior to termination. However, Mercy Corps will not be responsible for any expenses incurred in anticipation of termination or suspension. If Mercy Corps determines that Contractor has or will breach any of its warranties, covenants or representations in this Agreement, Mercy Corps may, in addition to any other remedies for such breach available at law or in equity, terminate this Agreement.

  • Effect of Termination Upon any expiration of the Term or termination of this Agreement, the obligations and rights of the parties hereto shall cease, provided that such expiration or termination of this Agreement shall not relieve the parties of any obligation or breach of this Agreement accruing prior to such expiration or termination, including, without limitation, all accrued payment obligations arising under Article 6. In addition, Article 5, Article 7, Section 2.12, Section 4.5, and this Section 4.6 shall survive the expiration or termination of this Agreement. For the avoidance of doubt, the rights of Registry Operator to operate the registry for the TLD shall immediately cease upon any expiration of the Term or termination of this Agreement.

  • Termination and Return of Materials Within five (5) days of the end of the term of this Agreement or receipt of notice of termination by the MLS, the Receiving Party will return to the MLS all Confidential Information and all other materials provided by the MLS to the Receiving Party. The Receiving Party will also erase, delete, or destroy any Confidential Information stored on magnetic media on other computer storage, including system backups. Upon the request of the MLS, an officer of the Receiving Party will certify in writing that all materials have been returned to the MLS and all magnetic or computer data has been destroyed.

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