PoC Trials Clause Samples
PoC Trials. Cyferd may provide the Customer with or make available to the Customer use of the Cyferd Product (or any part of it including any App(s) and Feature(s)) and the applicable Services for the purposes of a POC Trial. Such use of the Cyferd Product (or any part of it including any App(s) and Feature(s)) and the applicable Services for the purposes of a POC Trial is subject to any additional terms (including any additional Access Parameters and/or Utilisation Parameters) that Cyferd specifies and is only permitted during the period Cyferd expressly designates for such purpose (or, if not so expressly designated, until terminated in accordance with these Terms) and are provided ‘AS-IS’ without indemnification, maintenance, support, or warranty of any kind, express or implied. Except as expressly set out to the contrary in, this clause 6, these Terms and the Agreement, the terms and conditions of these Terms and the Agreement, fully apply in respect of a POC Trial. Cyferd may modify or terminate the Customer’s use of the Cyferd Product (or any part of it including any App(s) and Feature(s)) and/or any of the applicable Services for the purposes of a POC Trial at any time and for any reason in Cyferd’s sole discretion, without liability to the Customer. To the maximum extent permitted by applicable law, Cyferd disclaims all obligations or liabilities with respect to the Customer’s use of the Cyferd Product (including any App(s) and Feature(s)) and the applicable Services for the purposes of a POC Trial including any warranty and indemnity obligations. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, CYFERD’S MAXIMUM AGGREGATE LIABILITY TO THE CUSTOMER IN RESPECT OF THE CUSTOMER’S USE OF THE CYFERD PRODUCT AND/OR ANY OF THE SERVICES FOR THE PURPOSES OF A POC TRIAL WILL BE £500 (FIVE HUNDRED POUNDS STERLING).
PoC Trials. (a) OncoMed shall conduct [***] PoC Trials [***] with respect to [***] Candidate Selection Compounds [***] through to Completion of such PoC Trials. In addition, if OncoMed elects to Develop any antibody under Sections 4.1.5(c), 4.2.7(d), 7.1 and/or 7.2, OncoMed shall use Commercially Reasonable Efforts in accordance with Section 9.1 to conduct [***].
(b) The OncoMed Clinical Trial Plan will serve as a guide for the PoC Trial Design for each Candidate Selection Compound such that, for example, the total number of patients to be treated in the PoC Trials with respect to a Candidate Selection Compound will not exceed the total number of patients set forth in the OncoMed Clinical Trial Plan for such Candidate Selection Compound. The PoC Trial Design for Candidate Selection Compounds in any Program cannot be materially amended after Commencement of the PoC Trials, except upon agreement of the Parties.
PoC Trials. (a) OncoMed shall conduct [***] PoC Trials [***] with respect to [***] Candidate Selection Compounds [***] through to Completion of such PoC Trials. In addition, if OncoMed elects to Develop any antibody under Sections 4.1.5(c), 4.2.7(d), 7.1 and/or 7.2, OncoMed shall use Commercially Reasonable Efforts in accordance with Section 9.1 to conduct [***].
(b) The OncoMed Clinical Trial Plan will serve as a guide for the PoC Trial Design for each Candidate Selection Compound such that, for example, the total number of patients to be treated in the PoC Trials with respect to a Candidate Selection Compound will not exceed the total number of patients set forth in the OncoMed Clinical Trial Plan for such Candidate Selection Compound. The PoC Trial Design for Candidate Selection Compounds in any Program cannot be materially amended after Commencement of the PoC Trials, except upon agreement of the Parties.
(c) Decision-Making Authority Regarding PoC Trials.
(i) The JSC, after review of the plan for PoC Trials provided by the JPC pursuant to Section 2.3, will review the indications proposed by the Parties and establish the PoC Trial Design for [***]. If the JSC cannot reach agreement on [***] then such Dispute relating to [***] will be referred to the Executive Officers for resolution pursuant to Section 15.2. If such Executive Officers cannot resolve such Dispute after such escalation, such Dispute shall not be submitted to arbitration and the Parties will not progress such Candidate Selection Compound in any PoC Trial.
(ii) After the Parties have agreed upon selection of [***] in accordance with Section 3.6.2(c)(i), [***]. Notwithstanding the foregoing, [***] shall take into account [***].
(iii) In the event the scope and scale of the [***] PoC Trials described in Section 3.6.2(c)(i) are such that the overall scope and scale of the [***] PoC Trials described in Section 3.6.2(c)(i) and (ii) would be [***] than that described in the OncoMed Clinical Trial Plan, then OncoMed shall [***] described in Section 3.6.2(c)(ii).