ProtoArray™ Kinase Inhibition Profiling Assay
1. Scope of Services
Invitrogen Corporation (“Invitrogen”) will determine the inhibition properties of the
compound of interest in an in vitro kinase inhibition profiling assay using a ProtoArray™
microarray that contains over 4000 yeast proteins as outlined below on behalf of
_____________ (“Client”).
This Statement of Work specifies Invitrogen’s ProtoArray™ Kinase Inhibition Profiling
Assay.
Service includes:
A. Kinase Substrate Profiling assay to determine the optimal concentration
of kinase of interest:
1. Characterization of kinase substrates on a Yeast ProtoArray™ microarray (4088
unique proteins spotted in duplicate) in an in vitro kinase assay.
2. Invitrogen kinase if chosen by customer.
3. Controls and samples as listed below – Part A includes five ProtoArray™
microarrays in total.
4. Testing of three concentrations of kinase of interest in assay (1 nM, 10 nM and
100 nM unless otherwise specified by customer) and one concentration of 33P-ATP
(33 nM).
5. Positive control assay using Protein Kinase A (PKA).
6. Negative control using 33P-ATP only.
B. Compound inhibition assay to determine the inhibition properties of a
compound (to be completed following part A):
1. Characterization of compound inhibition on a Yeast ProtoArray™ microarray (4088
unique proteins spotted in duplicate) in an in vitro kinase assay using the optimized
concentration of kinase, one concentration of compound and one concentration of 33PATP (33 nM).
Version 1
ProtoArray™ Kinase Inhibition Profiling Assay
2. Controls and samples as listed below – Part B includes five ProtoArray™
microarrays in total.
3. Inhibition assay (in duplicate) with 10 M compound (unless otherwise specified by
the customer) and optimal kinase concentration.
4. Negative control assay (in duplicate) with the optimal kinase concentration and the
compound solvent.
5. Positive control assay using Protein Kinase A (PKA),
Note: when multiple kinases and or compounds are tested simultaneously, only one positive and
negative control will be performed.
Service does not include:
1. Shipment of a ProtoArray™ microarray.
2. Kinase with the exception of kinases available through the Invitrogen Catalog.
3. Inhibitor compounds.
Customer provides:
1.
2.
3.
4.
Kinase (150 l at 1 M) or selection of kinase(s) from Invitrogen’s Catalog.
Inhibitor compound in solvent (50 l of 1 mM).
Solvent only (no compound, at least 50 l of solvent).
Project information sheet.
Invitrogen delivers:
1. Comprehensive project report that includes all data of phosphorylated and nonphosphorylated proteins, compound inhibition data, positive and negative controls.
2. Image files and raw data.
Version 1
ProtoArray™ Kinase Inhibition Profiling Assay
Ordering information:
Service Description
ProtoArray-Y KIP Svc
ProtoArray-Y KIP Svc
ProtoArray-Y KIP Svc
Qty
1
2-5
6-11
Price per
compund
$13,000
$11,000
$10,000
Cat. no.
KIP0103 or
KIP0104
KIP0103 or
KIP0104
KIP0103 or
KIP0104
Timeline:
The profiling service will be completed within 2-3 weeks upon initiation of the project.
The turnaround time may be extended for multiple orders.
Project management:
Our project management team will be overseeing the work on this project and will keep
you apprised of the status.
Terms and conditions:
Invitrogen’s Terms and Conditions for Provision of Services govern the service work
provided hereunder and are attached.
Contact information:
Invitrogen Custom Services
Invitrogen Corporation
Phone 800-955-6288 (3) x 45682
Fax
716 774 3157
Email: custom.services@Invitrogen.com
Version 1
ProtoArray™ Kinase Inhibition Profiling Assay
INVITROGEN CORPORATION
TERMS AND CONDITIONS FOR PROVISION OF SERVICES
1. Governing Provisions. Invitrogen Corporation, (“INVITROGEN”) agrees to provide to Client certain services identified and
agreed upon by the parties (the “Services”) expressly conditional on Client’s assent to the terms and conditions contained herein.
Client agrees that the terms of Client’s purchase order or any other document supplied by Client to INVITROGEN shall not be of any
force or effect, except to the extent INVITROGEN agrees in writing thereto.
2. Standard of Performance. INVITROGEN will perform all Services using due care in accordance with (a) the Statement of Work
relating to the Services, of which these Terms and Conditions are a part (“the Services Agreement”) and (b) generally prevailing
industry standards. INVITROGEN will make a good faith effort to start and complete all Services on time and will notify Client if
INVITROGEN determines that there are likely to be substantial delays.
3. Changes. Changes to the Services Agreement must be in writing and signed by authorized representatives of INVITROGEN and
Client. If such changes result in an increase in the cost of the Services or affect the projected completion date of the Services, the
fee and/or completion date shall be adjusted to a degree commensurate with such changes. Cancellation of Services in progress will
result in a partial charge commensurate with the percentage of work completed at the time of cancellation.
4. Materials and Information. Client will provide INVITROGEN with sufficient amounts of Client’s information and materials such
as cells, compounds, samples, or other substances needed to perform the Services (“Client Materials”), as well as comprehensive
data or information concerning the stability, storage and safety requirements of such Client Material needed by INVITROGEN to
perform the Services. Unless otherwise requested by the Client, upon completion of the Services any remaining Client Materials will
be destroyed.
5. Data. Except as set forth otherwise in the Services Agreement, Client shall be the exclusive owner of and shall have title to all
documentation, information, records, raw data, specimens or other work product supplied by Client and/or generated by
INVITROGEN as a direct result of the performance of the Services (“Data”). Upon completion of the Services INVITROGEN will
maintain a file of the Data for a period of no less than one year.
6. Confidentiality. During performance of the Services and for three (3) years thereafter, INVITROGEN will treat all Data as
proprietary and confidential and will not disclose the same to any person except its employees, consultants, and subcontractors to
whom it is necessary to disclose the Data for purposes of providing the Services; provided, however, that INVITROGEN shall have
the right to publicize statistical results of the Services in a manner that does not identify Client or the specific nature of the Services
performed. INVITROGEN may disclose Data to its employees, consultants, or subcontractors, provided that such employees,
consultants, or subcontractors are subject to a written agreement that includes confidentiality terms at least as restrictive as those
specified herein. Any employee, consultant, or subcontractor who is given access to the Data shall be informed by INVITROGEN of
these Terms and Conditions. INVITROGEN shall protect the Data by using the same degree of care as INVITROGEN uses to protect
its own confidential information, but in any event no less than a reasonable degree of care. Notwithstanding any other provisions
herein, INVITROGEN shall have no liability or obligation to Client for, nor be in any way restricted in, its disclosure or use of any Data
which (a) is already known to INVITROGEN; (b) is or becomes publicly known by any means whatsoever, through no wrongful act of
INVITROGEN; (c) is received from a third party without breach of this Agreement; (d) is disclosed pursuant to an enforceable order
of a court or administrative agency; or (e) is independently developed by or for INVITROGEN.
7. Payments. Terms of sale of the Services are net 30 days of the date of invoice. Invoices shall be sent to Client upon completion
of the Services and delivery to Client of a Certificate of Analysis. If Client defaults in any payment when due, INVITROGEN, at its
option and without prejudice to its other lawful remedies, may defer delivery or terminate the Services Agreement. All payments
due hereunder shall be made in U.S. dollars.
8. Use of Names. Neither party shall use the other party’s name or the names of its employees in any advertising, sales or
promotional material or in any publication without prior written consent of such other party.
9. Inventions. Except as set forth otherwise in the Services Agreement, Client shall be the exclusive owner of, and INVITROGEN
hereby assigns to Client, all Client Materials, Data, inventions, improvements, designs, programs, formulas, know-how and writings
supplied by Client and/or generated or discovered as a direct result of INVITROGEN’s performance of the Services, whether or not
copyrightable or patentable (collectively, the “Inventions”). If requested by Client, INVITROGEN shall, at Client’s expense, do all
things reasonably necessary or appropriate to assist Client in obtaining patents or copyrights on any Inventions. Client shall not by
virtue of the Services Agreement or either party’s performance thereof obtain any intellectual property or other ownership rights in
any methods or processes used or developed by or for INVITROGEN in or for the provision of Services or any documentation,
records, raw data, materials (other than Client Materials), specimens, work product, concepts, information, inventions,
Version 1
ProtoArray™ Kinase Inhibition Profiling Assay
improvements, designs, programs, formulas, know-how, or writings related thereto, except those methods and/or processes, if any,
provided by Client to INVITROGEN and designated as being owned by Client in a separate written agreement between the parties.
10. Limited Warranty. The Services Agreement is a contract for services only. INVITROGEN’s sole warranty with respect to the
Services is that INVITROGEN will perform all Services in accordance with the standard of performance set forth in Section 2 above.
Client shall notify INVITROGEN in writing of any claim for a breach of such warranty by INVITROGEN within one (1) month after
delivery by INVITROGEN of the Certificate of Analysis relating to such Services. The sole remedy of Client for breach of such
warranty shall be to require INVITROGEN to re-perform the Services (or such portion thereof as may reasonably be required to be
re-performed), and, in such event INVITROGEN shall diligently pursue the re-performance of the Services or portions thereof until
completion. IN NO EVENT SHALL INVITROGEN BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO
CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) AS A RESULT OF INVITROGEN’S FAILURE TO
PERFORM THE SERVICES IN ACCORDANCE WITH THIS WARRANTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, EVEN IF INVITROGEN HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THE WARRANTY SET FORTH
IN THIS SECTION IS IN LIEU OF ANY AND ALL OTHER WARRANTIES RELATING TO THE SERVICES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
INVITROGEN’S LIABILITY TO CLIENT FOR BREACH OF ANY TERMS AND CONDITIONS OF THE SERVICES AGREEMENT (OTHER THAN
ANY BREACH OF THE WARRANTY CONTAINED IN THIS SECTION) SHALL BE LIMITED TO DAMAGES (OTHER THAN INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES) IN AN AMOUNT NOT TO EXCEED THE FEE PAID OR TO BE PAID
BY CLIENT TO INVITROGEN IN CONNECTION WITH THE SERVICES.
11. Indemnification. Except to the extent proximately caused by the gross negligence, recklessness or willful misconduct of
INVITROGEN, Client shall indemnify and hold harmless INVITROGEN, its affiliates and their respective officers, directors, employees
and agents from and against any and all expenses (including, but not limited to, reasonable attorney’s fees), damages, judgments,
and losses incurred by any such indemnified party as a result of or in connection with any claim, demand, or cause of action asserted
by a third party for physical injury to or death of persons, physical damage to property, or infringement of intellectual property
arising out of or based upon (a) Client’s manufacture, sale, or use of any quantity of the Client Materials, the Data or any product or
service based in whole or in part on Client’s reliance on the Services or any portion thereof provided to Client by INVITROGEN, or
any derivative thereof, and (b) INVITROGEN’s use or reliance on Client Materials for the performance of the Services for Client.
12. Miscellaneous. Neither INVITROGEN nor Client shall be responsible for failure or delay in performance of its obligations related
to the Services due to causes beyond its reasonable control, including but not limited to, acts of God, governmental actions, fire,
labor difficulty, shortages, civil disturbances, transportation problems, interruptions of power or communications, failure of suppliers
or subcontractors, or natural disasters.
The relationship of the parties is that of independent contractors, and nothing herein shall be construed as establishing one party, its
affiliates, or any of its or their employees as the agent, legal representative, joint venturer, partner, employee, or servant of the
other party or its affiliates. Except as set forth herein, neither party shall have any right, power or authority to assume, create or
incur any expense, liability or obligation, express or implied, on behalf of the other party or its affiliates. No waiver by either party of
any breach of any provision hereof shall constitute a waiver of any other breach of that or any other provision hereof. If any part,
term or provision herein is determined to be invalid or unenforceable, the remainder of the terms and conditions herein shall not be
affected, and shall otherwise remain in full force and effect.
It is a condition of this Services Agreement that Client will use materials provided by INVITROGEN only for Client’s internal research
purposes. Such materials including, but not limited to, compounds, biological materials, and nucleic acid molecules (e.g. DNA, RNA,
vectors, clones, libraries such as cDNA libraries, cells, etc.) (“Samples”). In particular, Client has no rights to sell or transfer for
consideration Samples to any third party, whether or not Samples are sold or transferred for use in research.
Version 1