アルゼンチン標準素材移転契約モデル１

アルゼンチン標準素材移転契約モデル１
Model 1
Terms and Conditions of the Agreement
This ………………………………… Agreement is made and entered into by and between the following Parties: …………………………………, herein represented by its director, (profession) Dr. …………………………………….., an Argentine national with DNI Nº —————, whose domicile is located at …………………………………… (“PROVIDER”), AND ………………………………………………….., herein represented by its director, (profession) ………………………………………….., a(n) (nationality) national with identification document Nº —————, whose domicile is located at ———————- (“RECIPIENT”).
The Parties agree as follows:
FIRST: PROVIDER shall supply the tissue samples from the species detailed in the annex which is part of this contract for …………………………………………………..…………………………………….
SECOND: All material used is the property of PROVIDER, who shall supply it at no cost; said material shall be used exclusively for academic and scientific research purposes.
THIRD: The material used shall be consumed during analysis; any remaining material shall either be destroyed upon completion of analysis or returned to PROVIDER after use.
FOURTH: The country of PROVIDER shall exclusively retain all intellectual property rights related to the material used and its derivatives.
FIFTH: The project shall be carried out by …………………………………… (detailed) on behalf of PROVIDER, and by …………………………………………………………(detailed) on behalf of RECIPIENT.
SIXTH: DURATION – POSSIBILITY OF EXTENSION
SEVENTH: RECIPIENT shall collaborate with PROVIDER ……………………………………………………..concerning the project.
EIGHTH: The research results published in respect of the material used shall be published jointly by RECIPIENT scientist(s) and PROVIDER scientist(s). RECIPIENT and PROVIDER shall duly acknowledge the source of the material in all publications related to the material used; RECIPIENT and PROVIDER shall send copies of the publications and preliminary reports related to the material used and its modifications to the Argentine Ministry of Environment and Sustainable Development.
NINTH: PROVIDER and RECIPIENT shall take all necessary measures to ensure the respect, preservation, and maintenance of the knowledge, innovations, and practices of the communities of their respective countries; PROVIDER and RECIPIENT shall likewise take all necessary measures to ensure compliance with all the applicable laws, rules, guidelines and regulations of both countries.
ELEVENTH [sic]: The Parties shall maintain the conditions stipulated for the duration of the field work conducted. In the event of any changes, the Agreement shall be re-negotiated, taking into account: (conditions).
TWELFTH: TERMINATION. In the event that either Party fails to comply with any of the obligations set forth herein, the non-breaching party may terminate this contract by giving certified notice. In the event of continued breach of contract, either Party may terminate this Agreement.
THIRTEENTH: Both Parties constitute special domicile for all judicial and extrajudicial purposes deriving from the provisions of this Agreement, as stated above, and voluntarily submit to the jurisdiction of the Courts of the City of Buenos Aires, Argentina, for approval, application, interpretation, or any other purpose in respect of these presents, and expressly waive any other forum or jurisdiction to which they may have recourse.
IN WITNESS WHEREOF, this Agreement is executed in two counterparts, each of which shall be deemed an original of equal validity.

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