Common use of Research Work Clause in Contracts

Research Work. 2.1 Institution shall commence the performance of Project promptly after the effective date of this Agreement, and shall use reasonable efforts to perform such Project substantially in accordance with the terms and conditions of this Agreement. Anything in this Agreement to the contrary notwithstanding, Sponsor and Institution may at any time amend the scope of the Project by mutual written agreement. 2.2 In the event that the principal investigator becomes unable or unwilling to continue Project, and a mutually acceptable substitute is not available, Institution and/or Sponsor shall have the option to terminate the Project. 2.3 Sponsor understands that the Institution’s primary mission is education and advancement of knowledge and the Project will be designed to carry out this mission. The manner of performance of the Project will be determined solely by the Principal Investigator. The Institution will perform the Project on a “best efforts” research basis only and does not guarantee specific results. The Institution specifically disclaims all warranties or representations, either express or implied, for implied merchantability or for warranty of fitness for a particular purpose, including, without limitation, that any product does not infringe any patent, copyright or trademark right, as to any work performed under this Agreement, except as expressly set forth herein. 2.4 Sponsor understands that the Institution may be involved in similar research through other researchers on behalf of itself and others. Institution shall be free to continue such research provided that, during the term of this Agreement, it is conducted separately and by different investigators from the Project, and Sponsor shall not gain any rights via this Agreement to other research.