The Mouse Genetic Research Facility located at the Oak Ridge National Laboratory provides Mouse Stocks to the scientific research community as a specific mission objective. Upon request, Mouse Stocks may be supplied to third parties at a provider fee under the terms and conditions of this Agreement.

1. The parties to this Agreement are:
   
   _____________________________________________________________, "RECIPIENT,"
   
   _____________________________________________________________, "SCIENTIST,"
   an employee of RECIPIENT, and UT-BATTELLE, LLC, "UT-BATTELLE," managing the Oak Ridge National Laboratory for the U. S. Department of Energy ("DOE") pursuant to UT-BATTELLE's Contract No DE-AC05-00OR22725 with DOE. RECIPIENT shall receive MATERIAL on behalf and at the request of SCIENTIST.
   
   
2. "MATERIAL" covered by this Agreement includes the mouse stocks as identified in Appendix A, any derivatives, components, progeny, modifications, products and any parts thereof, and any substance replicated or extracted therefrom by SCIENTIST or his/her coworkers. MATERIAL is owned by DOE and is provided by UT-BATTELLE under its authority from the above DOE contract. UT-BATTELLE shall be free, in its sole discretion, to distribute the MATERIAL to others and to use it for its own purposes.
   
   
3. SCIENTIST or RECIPIENT shall not distribute or release the MATERIAL to any person other than the laboratory personnel under SCIENTIST's direct supervision, and shall ensure that no one will take or send MATERIAL to any other location. At the request of UT-BATTELLE, SCIENTIST shall return all MATERIAL to UT-BATTELLE or dispose of it in accordance with UT-BATTELLE's directions.
   
   
4. UT-BATTELLE grants to RECIPIENT a license to use MATERIAL solely for academic, non-commercial or non-developmental purposes as specified in the attached Research Description. SCIENTIST and RECIPIENT shall have no rights in MATERIAL, other than as provided herein. Nothing herein shall be deemed to grant to either party any rights under any UT-BATTELLE patent or any rights to use MATERIAL for any products or processes for commercial purposes. MATERIAL shall not be used in research that is subject to consulting or licensing obligations to another corporation or business entity.
   
   
5. If publication results from research using MATERIAL, SCIENTIST agrees to acknowledge UT-BATTELLE and/or give credit to UT-BATTELLE scientists, as scientifically appropriate, based on any direct contribution they may make to the research. UT-BATTELLE agrees that it will reference or acknowledge SCIENTIST, as scientifically appropriate in its publications, which may refer to the data developed by SCIENTIST.
   
   
6. In the event that a commercially useful invention which directly incorporates MATERIAL is made as a result of the research contemplated hereunder, UT-BATTELLE agrees to negotiate, in good faith, a license agreement with RECIPIENT granting rights to said MATERIAL.
   
   
7. MATERIALS ARE PROVIDED WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. UT-BATTELLE MAKES NO REPRESENTATION OR WARRANTY THAT USE OF MATERIAL WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. ALL USES OF MATERIAL ARE AT THE RISK OF RECIPIENT AND SCIENTIST, AND UT-BATTELLE IS NOT RESPONSIBLE FOR ANY USE OF MATERIAL DIRECTLY OR INDIRECTLY BY SCIENTIST OR RECIPIENT.
   
   
8. RECIPIENT and SCIENTIST shall use MATERIAL in compliance with all applicable laws and government regulations. RECIPIENT and SCIENTIST agree to waive against UT-BATTELLE all claims and damages arising from the use, handling or storage of MATERIAL and further, to agree to indemnify UT-BATTELLE and the U.S. Government for all damages, costs and expenses, including attorney's fees, arising from the activities authorized hereunder.
   
   
9. This Agreement is not assignable, by operation of law or otherwise, without the prior written consent of UT-BATTELLE. It is understood that this Agreement may be assigned from UT-BATTELLE to DOE or its designee as a successor to UT-BATTELLE who is assuming responsibilities for the facilities managed by UT-BATTELLE for DOE.
   
   
10. This Agreement shall terminate five (5) years from the date of the last signature.

(Sample only, not for official use)

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Mutant Mouse Database Home Page Mutant Mouse Database Introduction Requesting Mice

Materials Transfer Agreement - Appendix A