Material Transfer. In order to facilitate the Research Program, either Party (a "Supplying Party") may provide to the other Party (a "Receiving Party") certain biological materials or chemical compounds (collectively, the "Substances") owned by or licensed to the Supplying Party (other than under this Agreement) and available for use by that Supplying Party in furtherance of the Research Program. Except as otherwise provided under this Agreement, all Substances delivered to the Receiving Party shall remain the sole property of the Supplying Party, shall be used only in furtherance of the Research Program and solely under the control of the Receiving Party, shall not be used or delivered to or for the benefit of any Third Party without the prior written consent of the Supplying Party and shall not be used in research or testing involving human subjects. Because not all of their characteristics may be known, the Substances supplied under this Section 3.6 must be used with prudence and appropriate caution in any experimental work. THE SUBSTANCES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY THAT THE USE OF THE SUBSTANCES WILL NOT INFRINGE OR VIOLATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY.
Appears in 2 contracts
Sources: Drug Discovery Collaboration Agreement (3 Dimensional Pharmaceuticals Inc), Drug Discovery Collaboration Agreement (3 Dimensional Pharmaceuticals Inc)
Material Transfer. In order to facilitate the Research Program, either Party (a "Supplying Party") may provide to the other Party (a "Receiving Party") certain biological materials or chemical compounds (collectively, the "“Substances"”) owned by or licensed to the Supplying supplying Party (other than under this Agreement) and available for use by that Supplying the other Party in furtherance of the Research Program. Except as otherwise provided under this Agreement, all such Substances delivered to the Receiving other Party shall remain the sole property of the Supplying supplying Party, shall be used only in furtherance of the Research Program and solely under the control of the Receiving other Party, shall not be used or delivered to or for the benefit of any Third Party without the prior written consent of the Supplying Party supplying Party, and shall not be used in research or testing involving human subjects. Because not all of their characteristics may be known, the The Substances supplied under this Section 3.6 4.9 must be used with prudence and appropriate caution in any experimental work, since not all their characteristics may be known. THE SUBSTANCES ARE PROVIDED "“AS IS" ” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY THAT THE USE OF THE SUBSTANCES WILL NOT INFRINGE OR VIOLATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY.
Appears in 2 contracts
Sources: Collaborative Research and License Agreement (Icagen Inc), Collaborative Research and License Agreement (Icagen Inc)
Material Transfer. In order to facilitate the Research Program, either Party (a "Supplying Party") may provide to the other Party (a "Receiving Party") certain biological materials or chemical compounds including, but not limited to, Targets (collectively, the "Substances") owned by or licensed to the Supplying supplying Party (other than under this Agreement) and available for use by that Supplying the other Party in furtherance of the Research Program. Except as otherwise provided under this Agreement, all such Substances delivered to the Receiving other Party (1) shall remain the sole property of the Supplying supplying Party, (2) shall be used only in furtherance of the Research Program and solely under the control of the Receiving other Party, (3) shall not be used or delivered to or for the benefit of any Third Party without the prior written consent of the Supplying Party supplying Party, and (4) shall not be used in research or testing involving human subjectssubjects by the receiving party. Because not all of their characteristics may be known, the The Substances supplied under this Section 3.6 Paragraph 3.10 must be used with prudence and appropriate caution in any experimental work, since not all their characteristics may be known. THE SUBSTANCES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY THAT THE USE OF THE SUBSTANCES WILL NOT INFRINGE OR VIOLATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY.
Appears in 2 contracts
Sources: Research Collaboration and License Agreement (Cadus Pharmaceutical Corp), Research Collaboration and License Agreement (Cadus Pharmaceutical Corp)
Material Transfer. In order to facilitate the Research Program, either Party (a "Supplying Party") may provide to the other Party (a "Receiving Party") certain biological materials or chemical compounds (collectively, the "Substances") owned by or licensed to the Supplying supplying Party (other than under this Agreement) and available for use by that Supplying the other Party in furtherance of the Research Program. Except as otherwise provided under this Agreement, all Substances delivered to the Receiving other Party shall remain the sole property of the Supplying supplying Party, shall be used only in furtherance of the Research Program and solely under the control of the Receiving other Party, shall not be used or delivered to or for the benefit of any Third Party without the prior written consent of the Supplying supplying Party and shall not be used in research or testing involving human subjects. Because not all of their characteristics may be known, the The Substances supplied under this Section 3.6 5.5 must be used with prudence and appropriate caution in any experimental work, since not all of their characteristics may be known. THE SUBSTANCES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY THAT THE USE OF THE SUBSTANCES WILL NOT INFRINGE OR VIOLATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY.
Appears in 1 contract
Sources: Research Collaboration and License Agreement (Oxigene Inc)
Material Transfer. In order to facilitate the Research Program, either Party (a "Supplying Party") Either party may provide to the other Party (a "Receiving Party") party certain biological materials or chemical compounds (collectively, material Controlled by the "Substances") owned by or licensed to the Supplying Party (other than under this Agreement) and available supplying party for use by that Supplying Party the other party in furtherance of the Research Program. Except as otherwise provided under this Agreement, all Substances which material shall be referred to as “Program Materials.” All such Program Materials shall be considered Confidential Information of the supplying party. All such Program Materials delivered to the Receiving Party other party shall remain the sole property of the Supplying Partysupplying party, shall be used only in furtherance of the Research Program and in compliance with this Agreement and solely under the control of the Receiving Partyother party and its Affiliates, shall not be used or delivered to or for the benefit of any Third Party without the prior written consent of the Supplying Party supplying party and shall not be used in research or testing involving human subjectssubjects unless first approved by the supplying party or expressly permitted under this Agreement. Because not all of their characteristics may be known, the Substances The Program Materials supplied under this Section 3.6 must be used with prudence and appropriate caution in any experimental work, because not all of their characteristics may be known. THE SUBSTANCES PROGRAM MATERIALS ARE PROVIDED "“AS IS" ” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY THAT THE USE OF THE SUBSTANCES PROGRAM MATERIALS WILL NOT INFRINGE OR VIOLATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY.
Appears in 1 contract
Sources: License and Collaboration Agreement (Cypress Bioscience Inc)
Material Transfer. In order to facilitate the Research ProgramCollaboration, either Party (a "Supplying Party") may provide to the other Party (a "Receiving Party") certain biological materials or chemical compounds (collectively, Program Materials Controlled by the "Substances") owned by or licensed to the Supplying supplying Party (other than under this Agreement) and available for use by that Supplying the other Party in furtherance of the Research ProgramCollaboration. All such Program Materials shall be considered the Confidential Information of both Parties and shall be subject to the restrictions in Article 10. Except as otherwise provided under this AgreementAgreement or in accordance with the applicable Plan(s), all Substances such Program Materials delivered to the Receiving other Party shall remain the sole property of the Supplying supplying Party, shall be used only in furtherance of the Research Program Collaboration and solely under the control of the Receiving Partyother Party and its Affiliates, shall not be used or delivered to or for the benefit of any Third Party without the prior written consent of the Supplying supplying Party and shall not be used in research or testing involving human subjects. Because not all of their characteristics , in each case except as may be known, provided in the Substances applicable R&D Plan. The Program Materials supplied under this Section 3.6 2.7 must be used with prudence and appropriate caution in any experimental work, since not all of their characteristics may be known. THE SUBSTANCES PROGRAM MATERIALS ARE PROVIDED "“AS IS" ” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY THAT THE USE OF THE SUBSTANCES MATERIALS WILL NOT INFRINGE OR VIOLATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY.. 2.8 [*]
Appears in 1 contract
Material Transfer. In order to facilitate the Research Program, either Party (a "Supplying Party") may provide to the other Party certain Program Materials (a "Receiving Party"other than Program Compounds or Program Targets) certain biological materials or chemical compounds (collectively, Controlled by the "Substances") owned by or licensed to the Supplying supplying Party (other than under this Agreement) and available for use by that Supplying the other Party in furtherance of the Research Program. Except as otherwise provided under this Agreement, all Substances such Program Materials delivered to the Receiving other Party shall remain the sole property of the Supplying supplying Party, shall be used only in furtherance of the Research Program and solely under the control of the Receiving Partyother Party and its Affiliates, shall not be used or delivered to or for the benefit of any Third Party without the prior written consent of the Supplying Party supplying Party, and shall not be used in research or testing involving human subjects. Because not all of their characteristics may be known, the Substances The Program Materials supplied under this Section 3.6 2.16 must be used with prudence and appropriate caution in any experimental work, since not all of their characteristics may be known. THE SUBSTANCES MATERIALS ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY THAT THE USE OF THE SUBSTANCES MATERIALS WILL NOT INFRINGE OR VIOLATE ANY PATENT OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY.
Appears in 1 contract
Sources: Collaboration and License Agreement (Millennium Pharmaceuticals Inc)