Specimens. Unless otherwise requested by Sponsor, CRO shall maintain possession and control of, and will test, store, and manage, all biological samples, tumor samples and tissue samples obtained during the conduct of the Project or the development of a companion diagnostic and any associated slides or blocks (collectively, “Specimens”). Some of the Specimens may be managed and stored at the Sites, as required by the relevant Clinical Project Agreements. Upon Sponsor’s request, CRO shall, or shall request the relevant persons to, promptly ship to Sponsor or its designee all or any portion of the Specimens. In addition, upon Sponsor’s request, CRO shall, or shall request the relevant persons to, provide Sponsor or its designees with reasonable access to and use of the Specimens. CRO will provide the Sponsor with Specimen collection logs upon request. The Parties acknowledge and agree that the relevant informed consents, the Protocol, and the relevant Clinical Project Agreements will need to contain appropriate terms and provisions in order for CRO to be able to comply with, and for Sponsor to be able to receive and use the Specimens in accordance with, the provisions of this Attachment 4 and accordingly, in discussing the form, content, terms and conditions of the relevant informed consents, the Protocol and the relevant Clinical Project Agreements, Sponsor and CRO will work together in good faith to include such appropriate terms and provisions in the relevant informed consents and the Protocol. Sponsor will discuss and adopt principles regarding the collection, storage and management of Specimens in order to give effect to this Attachment 4, such principles to include, among other things, a target number of samples per patient to be provided to Sponsor and its designees, principles relating to interactions with Sites and consortiums that may have access to samples and logistics of handling samples and providing samples to Sponsor and its designees, and such principles shall be commercially reasonable and practicable and consistent with Applicable Laws. The CRO and Sponsor acknowledge that efforts to maintain possession and control of, and the right to test, store, and manage Specimens as set forth in this Attachment 4 may not result in possession and control of Specimens or acquisition of rights with regard to all, substantially all, or even a substantial portion of the Specimens collected in the conduct of the Project.
Appears in 2 contracts
Sources: Master Services Agreement (Arog Pharmaceuticals, Inc.), Master Services Agreement (Arog Pharmaceuticals, Inc.)