rev. 10/19/09
Boston College
Use of Nanofabrication Cleanroom Facilities Agreement
Non-Academic
This Agreement made and entered into as of
by and between Boston
College of Chestnut Hill, Massachusetts, hereinafter referred to as "BC" and
and its agents, here in after called " User " .
Whereas, BC has facilities, equipment, and personnel primarily available for the te aching
and research goals of BC;
Whereas, BC is willing to make available these facilities, equipment and/or personnel
under conditions as stated as agreed in this Agreement ;
Now, therefore, the parties do mutually agree as follows:
Article 1, Statement of Work – The User will provide a Project Title, a brief description
of the scope of work and equipment to be utilized, and the name of the Princip al
Investigator overseeing the project :
Article 2, Period of Performance. The period of time for which the work to be conducted
as identified in Article 1 is
through
, subject to earlier termination
as hereinafter provided.
Article 3, Compensation. BC shall be compensated for the use of its facilities according
the following rates:
Nanofabrication Cleanroom User Rates (effective 9/1/09)
Instrument
Rate
General Cleanroom Use
$45/hr, max $135/day
Atomic Force Microscope
Atomic Layer Deposition
Critical Point Dryer
Dicing Saw
E-Beam Evap (Lesker)
E-Beam/Thermal (Sharon)
Focused Ion Beam
ICP/RIE Etcher
PECVD
Rapid Thermal Processor
Sputter System (AJA)
Sputter System (Anatech)
$60/hr
$45/hr
$20/run
$60/hr (no cleanroom use fee)
$70/run
$70/hr
$110/hr
$90/hr
$90/hr
$15/run
$90/hr
$20/run
Rev. 10/19/09
2
Sputter System (Lesker)
SEM, E-B write, EDX
Wire Bonder
XeF2 Etcher
Remote Staff Assistance
$70/run
$100/hr
$30/hr
$45/run
$100/hr
Quarterly Cap
$7,500/user









Quarterly cap includes all equipment use, but not remote assistance or material surcharges.
Quarters begin June 1st, Sept. 1st, Dec. 1st, and Mar. 1st of each year.
Billing will be in ¼ hr increments.
SEM and FIB use will be capped at 45 hours per quarter, but may be extended for special
circumstances with the approval of the cleanroom staff.
Remote staff rate is in addition to the equipment use fee, but the general cleanroom use fee
does not apply.
In addition to actual equipment time used and noted in the log books, users will be charged
for all unused time reserved on the SEM & FIB booked in the reservation system
except where other users have picked up the unused time.
There is a surcharge of $3.00 per 10 nm of Au, Pd, & Pt deposited in the
e-beam (Lesker & Sharon) and sputter (AJA & Lesker) deposition systems. Users
may avoid these charges if they choose to supply their own precious materials.
There is a surcharge of $3.00 per each addition 10 nm of Au or Au/Pd deposited in the
Anatech Sputter System over a base of 20 nm.
There are no fees for training by the cleanroom staff. Trainee(s) will be charged for associated
general cleanroom and equipment use.
All rates are subject to change.
Cleanroom General Use and Equipment Billing will be in one-quarter hour increments.
There is an Equipment Reservation System in place for some systems. Users who reserve equipment
but do not show up will be accessed a penalty fee. The penalty fee will be for the set run rate (or
the hourly rate for the number of hours reserved) AND the Cleanroom daily general use fee.
Rates are subject to change
Address questions to Steve Shepard (steve.shepard@bc.edu)
Article 4, Invoicing and Payment. BC shall, at its discretion, invoice either on a one-time
basis or, for ongoing projects, on a quarterly basis. Invoices should be sent to the following
address:
Payment in full shall be submitted within thirty (30) days of the date of the invoice by the
User. Payment shall be made to: Boston College, <INSERT NAME OF DEPARTMENT>, 140
Commonwealth Ave., Chestnut
Hill, MA 02467, Attn: <INSERT NAME OF DEP’T REP>.
Article 5, Assignment . This Agreement may not be assigned by the User without the
advance written consent of BC.
Article 6, I n d e m n i f i c a t i o n / I n s u r a n c e Release In consideration of the use of the
facilities specified in Article 1, the User understands that it assumes the risk o f using these
facilities and shall indemnify BC for all damages caused by the negligence of the User, its
representatives, employees, agents, and assignees. Any personal property that the User
brings to Boston College is brought at the Use r ' s sole risk and is not the responsibility of
BC. The User releases BC from any liability for loss, damage, or theft of such property.
Further, the User shall reimburse BC for any loss, expense, repairs, or damage to BC
property and/or the facilities resulting from the negligent use of the property and/or
facilities.
The User agrees to indemnify, defend, and hold harmless BC, its trustees, officers, employees, and
students, from any and all claims, suits, actions, and liability including legal and defense
Rev. 10/19/09
3
costs arising, or alleged to arise, out of injuries or damages sustained by any person,
persons, or property (including without limitation claims based on alleged defamation or on
infringement of rights to copyright, trademark, or others intellectual property) on acco unt
of, or in consequence of, any act or omission, neglect or misconduct, or in violation of any law,
ordinance, or regulation, by the User, its representative, employees, agents, and assignees, which
caused to occur during the User’s use of the facilities.
Further, the User agrees to secure and maintain Comprehensive General Liability Insurance, with
Blanket Contractual Coverage, in an amount not less than $1 million, and Worker's Compensation as
required by law. The User shall provide other such insurance as required by the Boston College Office
of Risk management and Insurance. The User shall also provide BC with a certificate of insurance
evidencing the required insurance mentioned above and naming BC as an additional insured for this
activity. Said certificate of insurance shall be provided to BC not less than 15 days prior to the
intended start dates of the User's use of the facilities.
The User, its employees, agents, and assignees shall not be considered employees of BC.
Article 7, Training. Prior to the use of Nanofabrication Cleanroom equipment, the User shall be
trained in the use of such equipment to the satisfaction of the Nanofabrication Cleanroom
management.
Article 8, Policies and Regulations. The User agrees to comply with all applicable BC policies as
well as all applicable State and Federal regulations in carrying out the work associated with this
Agreement.
Article 9, Scheduling. The User is aware that BC instructional and research programs will take
precedence over any activities associated with this Agreement, and that all scheduling must be
coordinated with and approved by the Nanofabrication Cleanroom staff.
Article 10, Use of BC 's Name. The User agrees not to use BC 's name in connection with any
publication, advertising, marketing, or in any other manner without the approval of BC.
Article 1 1 , Patents. In accordance with U.S. patent law, the allocation of rights to any
inventions discovered through the use of BC's facilities or equipment will take into consideration the
intellectual contributions of the parties. In addition, rights may be prescribed by the requirements
of any preexisting Agreements(s) to which BC may be a party. The User and/or his/her employer
shall, in advance of submitting patent applications including any BC emp loyee named as a coinventor, give reasonable notice to BC of such patent applications. In the event BC employees are
named as co-inventors, the User agrees to execute all agreements needed to ensure the
protection of BC’s intellectual property rights.
Article 1 2 , Termination. If, in the opinion of BC, the User fails to comply with any or all Articles
as agreed in the Agreement, BC reserves the right to terminate this Agreement immediately upon
written notice.
Article 1 3 , Conflict of Interest. If this Agreement is with a BC employee or a BC employee
acting as an agent of the User, or with a company owned in whole or in part by a BC employee, the
employee acknowledges that the use of BC's facilities, equipment and/or personnel or students is
consistent with BC Conflict of Interest Policy.
Article 1 4 , Survivorship. Articles 6, 7, 9, 10, and 11 shall survive the expiration or termination
of this Agreement.
Rev. 10/19/09
4
IN WITNESS WHEREOF, both BC and User, through their duly authorized representatives, have
hereunto executed this Agreement as of the date indicated in the first paragraph of this
Agreement.
Boston College
Name of User
Signature
Signature
Name and Title
Name and Title
Date
Date
For Individual Users:
Country of Citizenship
For External Entities: List below the authorized employees who will use the Cleanroom:
Name
Country of Citizenship