MTA Ancillary Agreement: Ancillary Agreement for Penn Vectors
If you have received PENN MATERIAL in addition to the ORIGINAL MATERIAL, the following terms shall govern your use of PENN MATERIAL. For the purposes of these terms, PENN shall mean The Trustees of the University of Pennsylvania and PENN MATERIAL shall mean recombinant viral based vectors for adeno-associated virus (“AAV”) serotypes AAV1, AAV7, AAV8, AAV9 and AAVrh10. All other defined terms shall retain their meaning provided in the Uniform Biological Material Transfer Agreement (“UBMTA”) and associated implementing letter(s).
Your use of PENN MATERIAL shall be subject to the terms of the UBMTA as they apply to the ORIGINAL MATERIAL with the following modifications provided below:
I.8. UNMODIFIED DERIVATIVES - Add the following example to the second sentence: “viral based vectors (assembled particles with or without genomes) generated from unmodified DNA/RNA supplied by PENN.”
I. – Add the following definition to the end of the section: “12. DOMAIN ANTIBODIES: Polypeptides which are capable of binding to a target, where such polypeptide comprises at least one binding domain, wherein that binding domain is a single variable domain of an antibody or functional fragment thereof.”
II.3. – Replace the semicolon with a period at the end of (a) and add the following sentence: “The RECIPIENT and the RECIPIENT SCIENTIST acknowledge and agree that if such research should at any point involve use of the PENN MATERIAL, including such incorporated in MODIFICATIONS, for work related to or involving DOMAIN ANTIBODIES, prior to commencing any such work the RECIPIENT and the RECIPIENT SCIENTIST shall contact PENN to request a separate material transfer agreement for such use.”
II.5. – In the first sentence of (c) replace “provide” with “use, distribute or permit others to use”. Delete the final period at the end of (c) and add the following: “, except to the extent that any of the foregoing would infringe any of PENN’s intellectual property rights.”
II.14 – Paragraph 5(c) shall also survive termination.