Common use of TERMINATION OF THE CONTRACT Clause in Contracts

TERMINATION OF THE CONTRACT. 9.3. The discontinuation or suspension of performance of the CLINICAL TRIALwill allow termination of the Contract by the Party who is not in breach of their contractual obligations. 9.4. The Parties shall ensure the subject’s safety at the end of the trial, as well as the continuity of the treatment, and therefore shall continue to provide the trial’s treatment to all subjects in compliance with Royal Decree 1015/2009 of 19 June regulating the availability of medicinal products in special situations. If there is a requirement made by the CEIm for treatment’s continuation, the Parties shall agree on the supply taking into account the feasibility of production and the efficacy and safety of the drug under investigation/treatment TEN. RESULTS AND PUBLICATIONS 10.1. All of the data, the results of the CLINICAL TRIAL and all of the work and industrial and intellectual property rights arising from it, belong to the SPONSOR, with the PARTIES being subject to the provisions of the applicable legislation. This circumstance will not prevent the PRINCIPAL INVESTIGATOR and the FOUNDATION from using the results in their non-commercial professional research and teaching activities, safeguarding the SPONSOR’s industrial and intellectual property rights and respecting the provisions of the PROTOCOL. 10.2. In accordance with the provisions of RD 1090/2015, the SPONSOR undertakes to publish the results obtained, whether positive or negative, once the CLINICAL TRIAL have ended. This publication will take place in publicly accessible scientific media, preferably in scientific journals. 10.3. If the final results of the CLINICAL TRIAL are not submitted for publication by the SPONSOR, the PRINCIPAL INVESTIGATOR may, for professional purposes and in scientific journals and publications, make such data, discoveries or inventions known, with, at least, a mention of the SPONSOR, in accordance with the following criteria: CLINICAL TRIAL with products not on the market: in the first year after their authorisation and marketing in any country; CLINICAL TRIAL performed after marketing: in the year following the end of the CLINICAL TRIAL unless it compromises publication in a medical journal subject to peer review or contravenes national legislation. The SPONSOR must receive a copy of the text proposed for publication and/or dissemination for review, in accordance with the provisions of the PROTOCOL and, in the event that no indications are made in that respect, at least forty-five (45) days before the despatch date to the scientific journal and, at least, twenty (20) days beforehand in the event that it is a summary. At any event, the PRINCIPAL INVESTIGATOR may only use the data with prior, express, written authorisation from the SPONSOR. 10.4. The PARTIES agree that the consideration provided for (i) is, in their experience, a just consideration in relation to the services provided; (ii) is not an incentive for, or in exchange for, past, present or future prescriptions, purchases, recommendations, use, obtaining a preferential formulaic status or dispensations of any of the SPONSOR’s products, or, in any way, conditional or any other similar activity; and (iii) does not involve an impairment to the judgment of the PRINCIPAL INVESTIGATOR and the HOSPITAL in relation to advising and caring for each one of the Subjects. ELEVEN. ANTI-CORRUPTION CLAUSE 11.1. The anti-corruption policy provides that none of the PARTIES’ employees, and any third party acting for them or in their name, may have any interest or commitment which comes into conflict with, or prevents them from, performing their obligations under this Contract. All work must be carried out with strict respect for, and compliance with, the applicable ethical standards and legislation. The PARTIES consider that behaving with integrity and transparency is essential, with a zero tolerance policy towards any corrupt practices. 11.2. The PARTIES’ employees, and any third party acting in their name, will not make payments of any kind, under any circumstances, either directly or indirectly, to any of the PARTIES taking part in the CLINICAL TRIAL for the purpose of obtaining an unfair advantage or unduly influencing any decision making. This concept includes payments, or promises to pay, in kind and/or in cash, and any other offer of goods or services. 11.3. The FOUNDATION will accurately record all financial transactions arising from this Contract and will, when requested to do so in writing, make the relevant documentation available to the SPONSOR allowing verification of compliance with the commitments included in this document.