Common use of Equipment and Resources Only Clause in Contracts

Equipment and Resources Only. The Sponsor has no liability for damages of any sort, including personal injury or property damage resulting from the use of [Sponsor Equipment], [Sponsor Resources] [or] [Vendor Property] except to the extent that: such damages were caused by the wilful misconduct, negligent acts or omissions of Sponsor or the Vendor; or a personal injury to a Clinical Trial Participant is one covered by the indemnity detailed in Appendix 3 of this Agreement. Sponsor shall be responsible for organising and ensuring payment for all costs associated with the routine maintenance of the [Sponsor Equipment], [Sponsor Resources] [and] [Vendor Property] and will replace the same at no cost to the Trial Site in the event replacement of the foregoing is deemed required as a result of equipment failure or routine maintenance. Subject to Clause 5.4 of the Agreement, the Trial Site shall be liable for any damage, loss or destruction of the [Sponsor Equipment], [Sponsor Resources] or [Vendor Property] and for any losses attributable to the [Sponsor Equipment], [Sponsor Material] [or] [Vendor Property] caused by the Trial Site’s wilful misconduct, negligent acts or omissions. Under no circumstances shall the Trial Site be liable for any damage caused as a result of using the equipment per instructions or due to normal wear and tear. To avoid doubt, the Trial Site shall not insure the [Sponsor Equipment], [Sponsor Material] or [Vendor Property]. Appendix 8 – Formal Delegation of Authority to a Corporate Affiliate to Contractually Bind Sponsor [DELETE IF NOT APPLICABLE] Appendix 9 – Authority to Defer Registration of the Clinical Trial [DELETE IF NOT APPLICABLE] FINAL PAGE

Equipment and Resources Only. The Sponsor has no liability for damages of any sort, including personal injury or property damage resulting from the use of [Sponsor Equipment], [Sponsor Resources] [or] [Vendor Property] except to the extent that: such damages were caused by the wilful misconduct, negligent acts or omissions of Sponsor or the Vendor; or a personal injury to a Clinical Trial Participant Subject is one covered by the indemnity detailed in Appendix 3 of this Agreement. Sponsor shall be responsible for organising and ensuring payment for all costs associated with the routine maintenance of the [Sponsor Equipment], [Sponsor Resources] [and] [Vendor Property] and will replace the same at no cost to the Trial Site Participating Organisation in the event replacement of the foregoing is deemed required as a result of equipment failure or routine maintenance. Subject to Clause 5.4 of the Agreement, the Trial Site Participating Organisation shall be liable for any damage, loss or destruction of the [Sponsor Equipment], [Sponsor Resources] or [Vendor Property] and for any losses attributable to the [Sponsor Equipment], [Sponsor Material] [or] [Vendor Property] caused by the Trial SiteParticipating Organisation’s wilful misconduct, negligent acts or omissions. Under no circumstances shall the Trial Site Participating Organisation be liable for any damage caused as a result of using the equipment per instructions or due to normal wear and tear. To avoid doubt, the Trial Site Participating Organisation shall not insure the [Sponsor Equipment], [Sponsor Material] or [Vendor Property]. Appendix 8 – Formal Delegation of Authority to a Corporate Affiliate to Contractually Bind Sponsor [DELETE IF NOT APPLICABLE] Appendix 9 – Authority to Defer Registration of the Clinical Trial [DELETE IF NOT APPLICABLE] FINAL PAGE