AGREEMENT LIMITING TISSUE USE AND TRANSFER
THIS AGREEMENT, made and executed in duplicate this ____ day of ____________,
2008, by and between the West Virginia University Medical Corporation, doing business
as University Health Associates (UHA), through its Department of Pathology and West
Virginia University Tissue Bank (WVUTB) and __________________________ Inc. of
____________________________, _____________________ (“Tissue Recipient”).
WITNESSETH
WHEREAS, UHA manages the practice of full time faculty physicians who are
employed by the West Virginia University School of Medicine (WVUSM) including
members of the Department of Pathology who maintain and operate the West Virginia
University Tissue Bank (WVUTB); and,
WHEREAS, Tissue Recipient has a demonstrated need for tissues maintained by
WVUTB, and,
WHEREAS, to address such need, the above-named parties desire to provide for the
availability of such tissues subject to the safeguards set forth herein; and,
WHEREAS, such services will further the missions of UHA and the WVUSM and the
provision of service to the community.
NOW, THEREFORE, in consideration of the premises and mutual covenants contained
herein and other good and valuable consideration, the parties agree as follows:
REPRESENTATIONS OF UHA:
UHA is providing tissues from the WVUTB to Tissue Recipient for investigational
purposes only, and subject to the policy of West Virginia University that such tissue not
be used for commercial profit purposes (resold or distributed in any form).
UHA has made reasonable inquiry of Tissue Recipient as to the intended use of such
tissue and has determined that it will be used exclusively for investigational purposes.
REPRESENTATIONS OF TISSUE RECIPIENT:
Tissue Recipient represents that it intends to utilize any and all tissues obtained from
UHA/WVUTB exclusively for investigational purposes and that it shall not sell any
portion of the tissues provided by UHA/WVUTB, or products directly extracted from
these tissues, including but not limited to proteins, mRNA, DNA, etc.
Tissue Recipient further represents that it will not transfer the tissue received, or any
portion thereof, to third parties without the prior express written permission of
UHA/WVUTB.
TERM AND TERMINATION:
This Agreement shall become effective upon the date of its execution and shall continue
in effect until the final destruction of any tissue that is the subject of the relationship
between UHA/WVUTB and Tissue Recipient.
INDEPENDENT CONTRACTORS:
The parties shall at all times be and remain independent contractors with respect to the
subject matter of this agreement.
COMPLIANCE:
The parties shall comply with all applicable statutes, rules, regulations, licenses and
authorizations of any governmental or public body or authority in connection with their
duties hereunder.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized officers as of the day and year first above written.
TISSUE RECIPIENT
By_______________________________________________
Its_______________________________________________
WEST VIRGINIA UNIVERSITY MEDICAL CORPORATION dba UNIVERSITY
HEALTH ASSOCIATES
By_______________________________________________
Its_______________________________________________