TERMINATION AND CONSEQUENCES OF TERMINATION. 12.1 UK Biobank shall be entitled to terminate this MTA immediately by written notice to the Applicant if the Applicant: 12.1.1 commits any breach of a material provision of this MTA or a material breach of this MTA, and, in the case of a breach capable of remedy, fails to remedy the same within 10 days after receipt of a written notice giving particulars of the breach and requiring it to be remedied; or 12.1.2 ceases, is likely to cease, or threatens to cease carrying on business or suffers an Insolvency Event, or is subject to a serious, adverse regulatory finding. 12.2 Upon expiry of the MTA pursuant to clause 11.1 above or termination of this MTA by UK Biobank pursuant to clause 12.1 or in accordance with law: 12.2.1 The grant of rights and all licences to the Applicant under this MTA shall be automatically terminated; and 12.2.2 The Applicant shall destroy the Materials or otherwise render them inaccessible. For the avoidance of doubt, the Applicant shall not be required to destroy Results Data or Other Data subject to the provisions of this MTA being complied with. 12.3 Without prejudice to the foregoing and to any other rights or remedies that UK Biobank may have, UK Biobank may take the following steps if there is a breach that entitles UK Biobank to terminate this MTA under clause 12.1: 12.3.1 it may prohibit the Applicant PI, Applicant Researchers and any other researchers from the Applicant from accessing any further Materials from within the UK Biobank Resource for an indefinite period of time; and/or 12.3.2 it may elect to inform the relevant personnel within the defaulting Applicant, funders of the defaulting Applicant and/or governing or other relevant regulatory bodies. 12.4 Notwithstanding termination of this MTA for any reason, the provisions of clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 16 and 17 shall continue in force in accordance with their respective terms. 12.5 Termination or expiry of this MTA shall not affect the rights and obligations of the parties accrued at the date or termination or expiry.
Appears in 2 contracts
Sources: Material Transfer Agreement, Material Transfer Agreement
TERMINATION AND CONSEQUENCES OF TERMINATION. 12.1 UK Biobank shall be entitled to terminate this MTA immediately by written notice to the Applicant if the Applicant:
12.1.1 commits any breach of a material provision of this MTA or a material breach of this MTA, and, in the case of a breach capable of remedy, fails to remedy the same within 10 days after receipt of a written notice giving particulars of the breach and requiring it to be remedied; or
12.1.2 ceases, is likely to cease, or threatens to cease carrying on business or suffers an Insolvency Event, or is subject to a serious, adverse regulatory finding.
12.2 Upon expiry of the MTA pursuant to clause 11.1 above or termination of this MTA by UK Biobank pursuant to clause 12.1 or in accordance with law:
12.2.1 The the grant of rights and all licences to the Applicant under this MTA shall be automatically terminated; and
12.2.2 The the Applicant shall destroy the Materials or otherwise render them permanently inaccessible. For the avoidance of doubt, the Applicant shall not be required to destroy Results Data or Other Data subject to the provisions of this MTA being complied with.
12.3 Without prejudice to the foregoing and to any other rights or remedies that UK Biobank may have, UK Biobank may take the following steps if there is a breach that entitles UK Biobank to terminate this MTA under clause 12.1:
12.3.1 it may prohibit the Applicant PI, Applicant Researchers and any other researchers from the Applicant Institution from accessing any further Materials from within the UK Biobank Resource resource for an indefinite period of time; and/or
12.3.2 it may elect to inform the relevant personnel within the defaulting ApplicantApplicant Institution, funders of the defaulting Applicant PI and/or governing or other relevant regulatory bodies.
12.4 Notwithstanding termination of this MTA for any reason, the provisions of clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 16 and 17 shall continue in force in accordance with their respective terms.
12.5 Termination or expiry of this MTA shall not affect the rights and obligations of the parties accrued at the date or termination or expiry.
Appears in 2 contracts
Sources: Material Transfer Agreement, Material Transfer Agreement
TERMINATION AND CONSEQUENCES OF TERMINATION. 12.1 UK Biobank shall be entitled to terminate this MTA immediately by written notice to the Applicant if the Applicant:
12.1.1 commits any breach of a material provision of this MTA or a material breach of this MTA, and, in the case of a breach capable of remedy, fails to remedy the same within 10 days after receipt of a written notice giving particulars of the breach and requiring it to be remedied; or
12.1.2 ceases, is likely to cease, or threatens to cease carrying on business or suffers an Insolvency Event, or is subject to a serious, adverse regulatory finding.
12.2 Upon expiry of the MTA pursuant to clause 11.1 above or termination of this MTA by UK Biobank pursuant to clause 12.1 or in accordance with law:
12.2.1 The the grant of rights and all licences to the Applicant under this MTA shall be automatically terminated; and
12.2.2 The the Applicant shall destroy the Materials or otherwise render them inaccessiblepermanently inaccessible and confirm in writing to ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇.▇▇ that this has been done. For the avoidance of doubt, the Applicant shall not be required to destroy Results Data or Other Data subject to the provisions of this MTA being complied with.
12.3 Without prejudice to the foregoing and to any other rights or remedies that UK Biobank may have, UK Biobank may take the following steps if there is a breach that entitles UK Biobank to terminate this MTA under clause 12.1:
12.3.1 it may prohibit the Applicant PI, Applicant Researchers and any other researchers from the Applicant Institution from accessing any further Materials from within the UK Biobank Resource resource for an indefinite period of time; and/or
12.3.2 it may elect to inform the relevant personnel within the defaulting ApplicantApplicant Institution, funders of the defaulting Applicant PI and/or governing or other relevant regulatory bodies.
12.4 Notwithstanding termination of this MTA for any reason, the provisions of clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 16 and 17 shall continue in force in accordance with their respective terms.
12.5 Termination or expiry of this MTA shall not affect the rights and obligations of the parties accrued at the date or termination or expiry.
Appears in 2 contracts
Sources: Material Transfer Agreement, Material Transfer Agreement
TERMINATION AND CONSEQUENCES OF TERMINATION. 12.1 UK Biobank shall be entitled to terminate this MTA immediately by written notice to the Applicant if the ApplicantCollaborator if:
12.1.1 the Collaborator commits any breach of a material provision of this MTA or a material breach of this MTA, and, in the case of a breach capable of remedy, fails to remedy the same within 10 days after receipt of a written notice giving particulars of the breach and requiring it to be remedied; or;
12.1.2 the Collaborator ceases, is likely to cease, or threatens to cease carrying on business or suffers an Insolvency Event, or is subject to a serious, adverse regulatory finding; or
12.1.3 the Applicant’s MTA is terminated (for whatever reason).
12.2 Upon expiry of the MTA pursuant to clause 11.1 above or termination of this MTA by UK Biobank pursuant to clause 12.1 or in accordance with law:
12.2.1 The the grant of rights and all licences to the Applicant Collaborator under this MTA shall be automatically terminated; and
12.2.2 The Applicant the Collaborator shall destroy the Materials or otherwise render them inaccessiblepermanently inaccessible and confirm in writing to ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇.▇▇ that this has been done. For the avoidance of doubt, the Applicant Collaborator shall not be required to destroy Results Data or Other Data subject to the provisions of this MTA being complied with.
12.3 Without prejudice to the foregoing and to any other rights or remedies that UK Biobank may have, UK Biobank may take the following steps if there is a breach that entitles UK Biobank to terminate this MTA under clause 12.1:
12.3.1 it may prohibit the Applicant PILead Collaborator, Applicant Collaborator Researchers and any other researchers from the Applicant Collaborator Institution from accessing any further Materials from within the UK Biobank Resource resource for an indefinite period of time; and/or
12.3.2 it may elect to inform the relevant personnel within the defaulting ApplicantCollaborator Institution, funders of the defaulting Applicant Lead Collaborator and/or governing or other relevant regulatory bodies.
12.4 Notwithstanding termination of this MTA for any reason, the provisions of clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 16 and 17 shall continue in force in accordance with their respective terms.
12.5 Termination or expiry of this MTA shall not affect the rights and obligations of the parties accrued at the date or termination or expiry.
Appears in 2 contracts
Sources: Material Transfer Agreement, Material Transfer Agreement
TERMINATION AND CONSEQUENCES OF TERMINATION. 12.1 UK Biobank shall be entitled to terminate this MTA immediately by written notice to the Applicant if the ApplicantCollaborator if:
12.1.1 the Collaborator commits any breach of a material provision of this MTA or a material breach of this MTA, and, in the case of a breach capable of remedy, fails to remedy the same within 10 days after receipt of a written notice giving particulars of the breach and requiring it to be remedied; or;
12.1.2 the Collaborator ceases, is likely to cease, or threatens to cease carrying on business or suffers an Insolvency Event, or is subject to a serious, adverse regulatory finding; or
12.1.3 the Applicant’s MTA is terminated (for whatever reason).
12.2 Upon expiry of the MTA pursuant to clause 11.1 above or termination of this MTA by UK Biobank pursuant to clause 12.1 or in accordance with law:
12.2.1 The the grant of rights and all licences to the Applicant Collaborator under this MTA shall be automatically terminated; and
12.2.2 The Applicant the Collaborator shall destroy the Materials or otherwise render them permanently inaccessible. For the avoidance of doubt, the Applicant Collaborator shall not be required to destroy Results Data or Other Data subject to the provisions of this MTA being complied with.
12.3 Without prejudice to the foregoing and to any other rights or remedies that UK Biobank may have, UK Biobank may take the following steps if there is a breach that entitles UK Biobank to terminate this MTA under clause 12.1:
12.3.1 it may prohibit the Applicant PILead Collaborator, Applicant Collaborator Researchers and any other researchers from the Applicant Collaborator Institution from accessing any further Materials from within the UK Biobank Resource resource for an indefinite period of time; and/or
12.3.2 it may elect to inform the relevant personnel within the defaulting ApplicantCollaborator Institution, funders of the defaulting Applicant Lead Collaborator and/or governing or other relevant regulatory bodies.
12.4 Notwithstanding termination of this MTA for any reason, the provisions of clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 16 and 17 shall continue in force in accordance with their respective terms.
12.5 Termination or expiry of this MTA shall not affect the rights and obligations of the parties accrued at the date or termination or expiry.
Appears in 1 contract
Sources: Material Transfer Agreement
TERMINATION AND CONSEQUENCES OF TERMINATION. 12.1 UK Biobank shall be entitled to terminate this MTA immediately by written notice to the Applicant if the ApplicantCollaborator if:
12.1.1 the Collaborator commits any breach of a material provision of this MTA or a material breach of this MTA, and, in the case of a breach capable of remedy, fails to remedy the same within 10 days after receipt of a written notice giving particulars of the breach and requiring it to be remedied; or;
12.1.2 the Collaborator ceases, is likely to cease, or threatens to cease carrying on business or suffers an Insolvency Event, or is subject to a serious, adverse regulatory finding; or
12.1.3 the Applicant’s MTA is terminated (for whatever reason).
12.2 Upon expiry of the MTA pursuant to clause 11.1 above or termination of this MTA by UK Biobank pursuant to clause 12.1 or in accordance with law:law (including where UK Biobank's rights to license data are restricted or terminated, such as the termination of the relevant framework or other agreement for the provision of health linkage data with NHS England):
12.2.1 The the grant of rights and all licences to the Applicant Collaborator under this MTA shall be automatically terminated; and
12.2.2 The Applicant the Collaborator shall destroy the Materials or otherwise render them inaccessiblepermanently inaccessible and confirm in writing to ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇.▇▇ that this has been done. For the avoidance of doubt, the Applicant Collaborator shall not be required to destroy Results Data or Other Data subject to the provisions of this MTA being complied with.
12.3 Without prejudice to the foregoing and to any other rights or remedies that UK Biobank may have, UK Biobank may take the following steps if there is a breach that entitles UK Biobank to terminate this MTA under clause 12.1:
12.3.1 it may prohibit the Applicant PILead Collaborator, Applicant Collaborator Researchers and any other researchers from the Applicant Collaborator Institution from accessing any further Materials from within the UK Biobank Resource resource for an indefinite period of time; and/or
12.3.2 it may elect to inform the relevant personnel within the defaulting ApplicantCollaborator Institution, funders of the defaulting Applicant Lead Collaborator and/or governing or other relevant regulatory bodies.
12.4 Notwithstanding termination of this MTA for any reason, the provisions of clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 16 and 17 shall continue in force in accordance with their respective terms.
12.5 Termination or expiry of this MTA shall not affect the rights and obligations of the parties accrued at the date or termination or expiry.
Appears in 1 contract
Sources: Material Transfer Agreement
TERMINATION AND CONSEQUENCES OF TERMINATION. 12.1 UK Biobank shall be entitled to terminate this MTA immediately by written notice to the Applicant if the Applicant:
12.1.1 commits any breach of a material provision of this MTA or a material breach of this MTA, and, in the case of a breach capable of remedy, fails to remedy the same within 10 days after receipt of a written notice giving particulars of the breach and requiring it to be remedied; or
12.1.2 ceases, is likely to cease, or threatens to cease carrying on business or suffers an Insolvency Event, or is subject to a serious, adverse regulatory finding.
12.2 Upon expiry of the MTA pursuant to clause 11.1 above or termination of this MTA by UK Biobank pursuant to clause 12.1 or in accordance with law:law (including where UK Biobank's rights to license data are restricted or terminated, such as the termination of the relevant framework or other agreement for the provision of health linkage data with NHS England):
12.2.1 The the grant of rights and all licences to the Applicant under this MTA shall be automatically terminated; and
12.2.2 The the Applicant shall destroy the Materials or otherwise render them inaccessiblepermanently inaccessible and confirm in writing to ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇.▇▇ that this has been done. For the avoidance of doubt, the Applicant shall not be required to destroy Results Data or Other Data subject to the provisions of this MTA being complied with.
12.3 Without prejudice to the foregoing and to any other rights or remedies that UK Biobank may have, UK Biobank may take the following steps if there is a breach that entitles UK Biobank to terminate this MTA under clause 12.1:
12.3.1 it may prohibit the Applicant PI, Applicant Researchers and any other researchers from the Applicant Institution from accessing any further Materials from within the UK Biobank Resource resource for an indefinite period of time; and/or
12.3.2 it may elect to inform the relevant personnel within the defaulting ApplicantApplicant Institution, funders of the defaulting Applicant PI and/or governing or other relevant regulatory bodies.
12.4 Notwithstanding termination of this MTA for any reason, the provisions of clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 16 and 17 shall continue in force in accordance with their respective terms.
12.5 Termination or expiry of this MTA shall not affect the rights and obligations of the parties accrued at the date or termination or expiry.
Appears in 1 contract
Sources: Material Transfer Agreement