In exchange for a grant of tissue samples from the American Museum of Natural History, the recipient must agree to the conditions specified in the Letter of Agreement forwarded for the signature of the recipient, upon approval of a research material request. These terms include, but are not limited to, the following:

· Research materials are granted for research purposes only and may not be used in human subjects.

· Research materials are not to be used by for-profit recipients for screening, production or sale, for which a commercialization license may be required.

· Recipient agrees to comply with all Federal rules and regulations applicable to the research project and the handling of the research material.

· The research materials and associated data are provided as a service to the research community. It is being supplied to the recipient with no warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose. Furthermore, AMNH makes no representations that the use of the research material will not infringe any patent or proprietary rights of third parties.

· Unless prohibited by law from doing so, the recipient agrees to hold the AMNH harmless and to indemnify the AMNH for all liabilities, demands, damages, expenses and losses arising out of the recipient's use for any purpose of the research material.

· Research materials must be kept under suitable containment conditions in the lab of the recipient, who agrees not to transfer the research material to other people not under his or her direct supervision without advance written permission from AMNH.

· The recipient is required to acknowledge the AMNH in all oral presentations or written publications that used data generated from any sample obtained from AMNH, unless requested otherwise. It may also be necessary to acknowledge other individuals, institutions, or their grant numbers for samples donated to the AMNH collection. In any event, the recipient must provide 2 copies of any publications resulting in part or whole from the AMNH tissue grant.

· We require to be informed of all electronic database submissions (such as GenBank accession numbers) associated with the analytical procedures resulting from the specimens granted. This additional specimen data should be submitted in writing to AMNH.

· Grant conditions can specify that the recipient return any unused portion of the grant material and/or return an aliquot of DNA extract to the Frozen Tissue Collection for archival. Alternatively, we may request that any unused portion of the research material remaining after the study is disposed of. This will be reviewed on a case by case basis by AMNH and will be specifically addressed in writing on the letter of agreement for the transfer of materials. Furthermore, AMNH reserves the right to distribute the research material to others and to use it for its own purposes.

· Shipping costs are the responsibility of the recipient institution and in some cases where requests involve substantial processing, AMNH may seek to recover additional expenses associated with processing an approved request.

· The material transfer Letter of Agreement shall be construed in accordance with State and Federal laws as applied by the Federal courts and the State of New York.

· Loans are made to institutions, not individuals; therefore, this Material Transfer Agreement must be signed by a representative of the borrower's institution.

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