CONTROL OF MATERIAL. Company shall retain control over the Material and shall not transfer the Material to any third party without the prior written approval of Fund. For the purposes hereof, “third parties” shall not include those employees and consultants of Company who will be involved in the handling, testing and/or evaluation of the Material under Section 2, provided such employees and consultants have entered into written confidentiality agreements required under Section 4. The Material shall remain the property of Fund, and Fund shall be given written notice of the transfer of the Material to any facility of Company, other than the facility to which they are initially delivered. Upon termination of this Agreement, as detailed in Section 11, Company shall discontinue its use of the Material and shall, upon the written request of Fund, return any unused Material to Fund and/or destroy the Material.
Appears in 2 contracts
Sources: Material Transfer Agreement, Material Transfer Agreement