Material Transfer Agreement For Commercial Use Template for Austria

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Key Requirements PROMPT example:

Material Transfer Agreement For Commercial Use

"Need a Material Transfer Agreement For Commercial Use for transferring proprietary cell lines from our Vienna-based biotech lab to a pharmaceutical company in Graz, with specific provisions for royalty payments on any resulting commercial products."

Document background
This document template serves as a Material Transfer Agreement For Commercial Use under Austrian jurisdiction, essential for organizations needing to transfer proprietary or regulated materials for commercial purposes. It is specifically designed to comply with Austrian legal requirements while incorporating EU regulations where applicable. The agreement is typically used when research institutions, companies, or organizations need to transfer materials that have commercial value or potential, such as cell lines, compounds, or proprietary substances. It includes comprehensive provisions for material handling, quality control, intellectual property rights, and commercial terms. The document is structured to protect both the provider's and recipient's interests while ensuring regulatory compliance and proper material handling procedures.
Suggested Sections

1. Parties: Identification and details of the Provider and Recipient organizations

2. Background: Context of the material transfer and relationship between the parties

3. Definitions: Definitions of key terms including 'Material', 'Commercial Use', 'Derivatives', and other relevant terms

4. Material Description: Detailed description of the material being transferred

5. Transfer Terms: Conditions and process for the physical transfer of materials

6. Permitted Use: Specific commercial uses allowed for the transferred material

7. Payment Terms: Financial terms including fees, royalties, and payment schedules

8. Intellectual Property Rights: Rights and restrictions regarding IP associated with the material

9. Confidentiality: Obligations regarding confidential information

10. Warranties and Liability: Warranties provided and limitations of liability

11. Term and Termination: Duration of the agreement and termination conditions

12. Material Handling: Requirements for storage, security, and handling of the material

13. Governing Law: Specification of Austrian law as governing law and jurisdiction

Optional Sections

1. Export Control: Required when materials are subject to export control regulations

2. Safety Procedures: Required for hazardous or regulated materials

3. Quality Requirements: Include when specific quality standards must be maintained

4. Reporting Requirements: When regular updates on material use are required

5. Sub-licensing Rights: Include when recipient may be permitted to sub-license the material

6. Insurance Requirements: Include when specific insurance coverage is required

7. Dispute Resolution: Detailed dispute resolution procedures beyond standard jurisdiction clause

8. Third Party Rights: Include when third party rights need to be addressed

Suggested Schedules

1. Schedule A - Material Specification: Detailed technical specifications of the material

2. Schedule B - Transfer Protocol: Specific procedures for material transfer and handling

3. Schedule C - Quality Standards: Required quality standards and testing procedures

4. Schedule D - Fee Schedule: Detailed breakdown of all fees and payment terms

5. Schedule E - Authorized Personnel: List of authorized personnel for handling the material

6. Appendix 1 - Safety Data Sheet: Safety information and handling procedures

7. Appendix 2 - Compliance Certificates: Required regulatory or quality compliance certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Biotechnology

Pharmaceutical

Chemical Manufacturing

Research and Development

Medical Devices

Agricultural Science

Materials Science

Industrial Manufacturing

Life Sciences

Environmental Sciences

Relevant Teams

Legal

Research and Development

Quality Assurance

Regulatory Affairs

Business Development

Operations

Intellectual Property

Compliance

Technology Transfer

Laboratory Operations

Relevant Roles

Legal Counsel

Research Director

Commercial Director

Intellectual Property Manager

Quality Assurance Manager

Laboratory Manager

Technology Transfer Officer

Compliance Officer

Business Development Manager

Scientific Officer

Contract Manager

Research Scientist

Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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