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MTA Ancillary Agreement: Genentech pRK5

The ORIGINAL MATERIAL may contain a certain pRK5 mammalian expression
vector (pRK5). Genentech, Inc. (Genentech) owns certain issued patents
and may own pending patent applications covering the use of pRK5.
RECIPIENT and RECIPIENT SCIENTIST shall have the right to use the
ORIGINAL MATERIAL in its own internal research, and for non-commercial
purposes, and for no other purpose whatsoever.

The RECIPIENT and RECIPIENT SCIENTIST understand that pRK5 is
experimental in nature and may have hazardous properties. Genentech
MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE
OF THE pRK5 WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR
OTHER PROPRIETARY RIGHTS.

To the extent permitted by governing law, Genentech and its
affiliates, directors, officers, employees, representatives, agents
and assigns will not be responsible to RECIPIENT or any other party
for any loss, claim, and/or costs (including but not limited to
attorneys' fees and legal expense) directly arising from the use of
the ORIGINAL MATERIAL by RECIPIENT, except insofar as such claims or
liability arise out of the negligence or wrongdoing of Genentech.
Genentech agrees to notify RECIPIENT as soon as Genentech becomes
aware of a claim or liability and to cooperate with RECIPIENT in the
defense of such claim. Genentech further agrees not to compromise or
settle any such claim or action without prior notification to
RECIPIENT.

In the event of any conflict between this Ancillary Agreement and the
UBMTA, this Ancillary Agreement shall take precedence.