Guidelines for Grant and Contract Management

302H. Letter Agreement for Outgoing Material Transfer with Nonprofit Organizations.

This agreement may not be used for export of materials outside of the United States. (November 2005)

We are pleased to announce a "streamlined" OUTGOING Material Transfer process. Attached to this email is a new Letter Agreement that is available for the distribution of Biological Materials to colleagues and researchers at colleges, universities, academic medical institutions and other nonprofit organizations. When research materials are requested by scientists at nonprofit organizations, University of Chicago Investigators may simply download the Letter Agreement, send or mail to the Requestor and when a signed copy of the letter (or email accepting all terms of the agreement) is received by the U of C investigator, the materials may be shipped.

No routing of the Letter Agreement through departmental, divisional or URA is necessary. However, a copy of the Letter Agreement is required to be sent or emailed to Denise Butler in URA so that an institutional record of what materials are being shared may be maintained.

The Letter Agreement is NOT for use with commercial organizations. The Letter Agreement may NOT be used for export of materials outside of the United States because of export control regulations. Requests for sharing of research tools outside the U.S. requires a higher level of scrutiny to assure that the University (and the PI) are in compliance with Export Controls, and that appropriate licenses are obtained, if required. URA must be involved with exports to make a determination of appropriate action.

In summary, the ground rules for using the Letter Agreement are:

  1. This Agreement may only be used for OUTGOING materials shared with NONPROFIT organizations.
  2. Use of the Material is for RESEARCH purposes only.
  3. Material is being shared within the U.S.A.
  4. The University of Chicago Investigator is responsible for sending the agreement to the Requestor and copying URA (Denise Butler at DeniseB@ura.uchicago.edu)
  5. Denise will share the email with UChicagoTech to keep them apprised of outgoing materials.
  6. Investigators are advised that if the materials have IP or potential commercial licensing implications, that they should discuss protection of the materials with UChicagoTech prior to sharing with others.
  7. The formal URA executed Outgoing MTA for nonprofits will still be available for those occasions or investigators who wish to use a more conservative process.
  8. Sharing of Research Tools with For-Profit organizations will continue to use the URA executed Outgoing MTA with Commercial Organizations available on the URA web site. – November 2005
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This Letter Agreement is recommended for the distribution of Biological Material to your scientific colleagues at Nonprofit Scientific Organizations. The Letter Agreement is non-negotiable.

[THE LETTER AGREEMENT IS NOT FOR USE WITH COMMERCIAL ORGANIZATIONS AND NOT FOR USE FOR EXPORT OF MATERIALS OUTSIDE OF THE UNITED STATES]

[Date]
[Address]

Dear [Name]:

Per your request, I would like to make available to you the Biological Material described below:
University of Chicago Laboratory:
Description of Biological Material:

The Biological Material is provided for noncommercial research purposes. You may not distribute the Biological Material, including any progeny and any genetically engineered modification that is substantially based on and incorporates an essential element of the Biological Material, to any other individual or entity without my prior consent.

You are advised that the University of Chicago enters into agreements from time to time which grant the right to commercialize the technology developed by the University of Chicago and that the rights to commercial applications of the Biological Material may have been granted to another party or may be granted to another party in the future.

THIS BIOLOGICAL MATERIAL SHALL NOT BE USED IN HUMANS.

Because the Biological Material is experimental in nature, please note that it is provided "as-is" and without any warranties of any kind (including fitness for a particular purpose) and that by accepting the Biological Material, you agree that The University of Chicago and its employees have no liability whatsoever arising out of its use. The University of Chicago makes no representation or warranty that the use of the Biological Material will not infringe any patent or other proprietary right.

If you agree with the above, please sign and return a copy of this letter to me for our laboratory records and we will promptly ship the Biological Material to you.

Sincerely,


(University of Chicago Scientist)

AGREED AND ACCEPTED:


(Recipient Scientist)

Date:

Cc: Denise Butler, URA
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