Common use of TERMS AND CONDITION Clause in Contracts

TERMS AND CONDITION. DEPOSITOR declares to have acquired the MATERIAL lawfully and in compliance with applicable legislation. The information that DEPOSITOR has provided in the DEPOSIT FORM is accurate, truthful, and complete and the documents relevant to ABS that DEPOSITOR is able to provide are authentic, apply to the MATERIAL, and include all relevant information on terms and conditions for use and benefit sharing, if applicable, under which DEPOSITOR acquired the MATERIAL. In case after having deposited the MATERIAL the DEPOSITOR acquires new information that bears relevance to the legal status of the MATERIAL or the terms of this AGREEMENT, DEPOSITOR will provide without undue delay that information to the COLLECTION. DEPOSITOR declares that the deposit of the MATERIAL does not infringe any rights of the Country of Origin or other THIRD PARTIES, including intellectual property rights, or any terms of agreements to which the MATERIAL is subject. Notwithstanding rights of third parties over the MATERIAL, DEPOSITOR herewith agrees that the COLLECTION may for unlimited duration preserve, study and supply the MATERIAL to THIRD PARTIES, including other collections, under the terms and conditions specified in Part I B and/or E of the DEPOSIT FORM. DEPOSITOR understands that a fee can be charged for supply to THIRD PARTIES to help carry costs of sustaining the COLLECTION. DEPOSITOR acknowledges that the COLLECTION may need to transfer the information or copied documentation to THIRD PARTIES, if required by law or ABS best practice and as far as it is not confidential. With the exception of data provided by the DEPOSITOR that are confidential, DEPOSITOR authorizes the COLLECTION to include all data and documentation in the COLLECTION’s databases and strain catalogue and DEPOSITOR also authorizes the release of the MATERIAL for distribution and associated data for public viewing □ as soon as possible after effective deposit, or □ after publication of the strain / or X years after effective deposit (whichever is first). DEPOSITOR shall ship the MATERIAL to the COLLECTION in accordance with all applicable laws and regulations for packaging and transport. Both parties to this AGREEMENT shall follow all procedures to comply with legal requirements for handling of the MATERIAL. The DEPOSITOR indemnifies the COLLECTION from any action or claim for compensation made by THIRD PARTIES and directly or indirectly related to the MATERIAL, their exploitation and/or the products obtained through them. DEPOSITOR: First and last name of scientist responsible for the MATERIAL: Position: Name Institution: Address Institution: First and last name of person authorized to sign on behalf: Position: Date and Place of signature: Signature In case the depositor does not need to sign the agreement: By completing the DEPOSIT FORM and effectively transferring the MATERIAL in the custody of the COLLECTION the DEPOSITOR accepts the TERMS AND CONDITIONS of this AGREEMENT In case the collection does not need to sign the agreement: The COLLECTION accepts the TERMS AND CONDITIONS of this AGREEMENT by accepting the MATERIAL for deposit.

TERMS AND CONDITION. 1. DEPOSITOR declares to have acquired the MATERIAL lawfully and in compliance with applicable legislation. 2. The information that DEPOSITOR has provided in the DEPOSIT FORM is accurate, truthful, and complete and the documents relevant to ABS that DEPOSITOR is able to provide are authentic, apply to the MATERIAL, and include all relevant information on terms and conditions for use and benefit sharing, if applicable, under which DEPOSITOR acquired the MATERIAL. 3. In case after having deposited the MATERIAL the DEPOSITOR acquires new information that bears relevance to the legal status of the MATERIAL or the terms of this AGREEMENT, DEPOSITOR will provide without undue delay that information to the COLLECTION. 4. DEPOSITOR declares that the deposit of the MATERIAL does not infringe any rights of the Country of Origin or other THIRD PARTIES, including intellectual property rights, or any terms of agreements to which the MATERIAL is subject. 5. Notwithstanding rights of third parties over the MATERIAL, DEPOSITOR herewith agrees that the COLLECTION may for unlimited duration preserve, study and supply the MATERIAL to THIRD PARTIES, including other collections, under the terms and conditions specified in Part I B and/or E of the DEPOSIT FORM. DEPOSITOR understands that a fee can be charged for supply to THIRD PARTIES to help carry costs of sustaining the COLLECTION. 6. DEPOSITOR acknowledges that the COLLECTION may need to transfer the information or copied documentation to THIRD PARTIES, if required by law or ABS best practice and as far as it is not confidential. With the exception of data provided by the DEPOSITOR that are confidential, DEPOSITOR authorizes the COLLECTION to include all data and documentation in the COLLECTION’s databases and strain catalogue and DEPOSITOR also authorizes the release of the MATERIAL for distribution and associated data for public viewing □ as soon as possible after effective deposit, or □ after publication of the strain / or X years after effective deposit (whichever is first). 7. DEPOSITOR shall ship the MATERIAL to the COLLECTION in accordance with all applicable laws and regulations for packaging and transport. Both parties to this AGREEMENT shall follow all procedures to comply with legal requirements for handling of the MATERIAL. 8. The DEPOSITOR indemnifies the COLLECTION from any action or claim for compensation made by THIRD PARTIES and directly or indirectly related to the MATERIAL, their exploitation and/or the products obtained through them. DEPOSITOR: First and last name of scientist responsible for the MATERIAL: Position: Name Institution: Address Institution: First and last name of person authorized to sign on behalf: Position: Date and Place of signature: Signature In case the depositor does not need to sign the agreement: : 9. By completing the DEPOSIT FORM and effectively transferring the MATERIAL in the custody of the COLLECTION the DEPOSITOR accepts the TERMS AND CONDITIONS of this AGREEMENT In case the collection does not need to sign the agreement: : 10. The COLLECTION accepts the TERMS AND CONDITIONS of this AGREEMENT by accepting the MATERIAL for deposit.