This document template serves as a Material Transfer Agreement For Commercial Use under Austrian jurisdiction, essential for organizations needing to transfer proprietary or regulated materials for commercial purposes. It is specifically designed to comply with Austrian legal requirements while incorporating EU regulations where applicable. The agreement is typically used when research institutions, companies, or organizations need to transfer materials that have commercial value or potential, such as cell lines, compounds, or proprietary substances. It includes comprehensive provisions for material handling, quality control, intellectual property rights, and commercial terms. The document is structured to protect both the provider's and recipient's interests while ensuring regulatory compliance and proper material handling procedures.
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1. Parties: Identification and details of the Provider and Recipient organizations
2. Background: Context of the material transfer and relationship between the parties
3. Definitions: Definitions of key terms including 'Material', 'Commercial Use', 'Derivatives', and other relevant terms
4. Material Description: Detailed description of the material being transferred
5. Transfer Terms: Conditions and process for the physical transfer of materials
6. Permitted Use: Specific commercial uses allowed for the transferred material
7. Payment Terms: Financial terms including fees, royalties, and payment schedules
8. Intellectual Property Rights: Rights and restrictions regarding IP associated with the material
9. Confidentiality: Obligations regarding confidential information
10. Warranties and Liability: Warranties provided and limitations of liability
11. Term and Termination: Duration of the agreement and termination conditions
12. Material Handling: Requirements for storage, security, and handling of the material
13. Governing Law: Specification of Austrian law as governing law and jurisdiction
1. Export Control: Required when materials are subject to export control regulations
2. Safety Procedures: Required for hazardous or regulated materials
3. Quality Requirements: Include when specific quality standards must be maintained
4. Reporting Requirements: When regular updates on material use are required
5. Sub-licensing Rights: Include when recipient may be permitted to sub-license the material
6. Insurance Requirements: Include when specific insurance coverage is required
7. Dispute Resolution: Detailed dispute resolution procedures beyond standard jurisdiction clause
8. Third Party Rights: Include when third party rights need to be addressed
1. Schedule A - Material Specification: Detailed technical specifications of the material
2. Schedule B - Transfer Protocol: Specific procedures for material transfer and handling
3. Schedule C - Quality Standards: Required quality standards and testing procedures
4. Schedule D - Fee Schedule: Detailed breakdown of all fees and payment terms
5. Schedule E - Authorized Personnel: List of authorized personnel for handling the material
6. Appendix 1 - Safety Data Sheet: Safety information and handling procedures
7. Appendix 2 - Compliance Certificates: Required regulatory or quality compliance certificates
Relevant legal definitions
Clauses
Relevant Industries
Biotechnology
Pharmaceutical
Chemical Manufacturing
Research and Development
Medical Devices
Agricultural Science
Materials Science
Industrial Manufacturing
Life Sciences
Environmental Sciences
Relevant Teams
Legal
Research and Development
Quality Assurance
Regulatory Affairs
Business Development
Operations
Intellectual Property
Compliance
Technology Transfer
Laboratory Operations
Relevant Roles
Legal Counsel
Research Director
Commercial Director
Intellectual Property Manager
Quality Assurance Manager
Laboratory Manager
Technology Transfer Officer
Compliance Officer
Business Development Manager
Scientific Officer
Contract Manager
Research Scientist
Operations Manager
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