nshd:dsagreement

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revision Previous revision
Next revision
Previous revision
Next revisionBoth sides next revision
nshd:dsagreement [11/01/2018 @ 12:41] p.currannshd:dsagreement [20/03/2018 @ 10:11] adammoore
Line 1: Line 1:
 [[:wiki:Home|{{wiki:MRC-LHA-header-graphic.png}}]] [[:wiki:Home|{{wiki:MRC-LHA-header-graphic.png}}]]
 ~~NOTOC~~ ~~NOTOC~~
-===== NSHD Data Sharing Agreement =====+==== NSHD Data Sharing Agreement ==== 
 +---- 
 +This page has been converted from the original form and is intended to show you the content of the NSHD Data Sharing Agreement.  \\ 
 +However, some of the numbering of the paragraphs may vary due to differences in the formatting technologies. 
 + 
 +To obtain a copy of this form, which you can use to submit a data sharing request, please download the following: \\  
 +{{nshd:LHA_Data_Sharing_Agreement.docx|Word document to download}}  
 + 
 + 
 +To see where this form fits in the overall NSHD Data Sharing process see [[nshd:submission | here]] 
 +\\ \\  
  
 === MRC UNIT FOR LIFELONG HEALTH AND AGEING AT UCL DATA SHARING AGREEMENT  === === MRC UNIT FOR LIFELONG HEALTH AND AGEING AT UCL DATA SHARING AGREEMENT  ===
Line 28: Line 39:
 **IT IS AGREED:** **IT IS AGREED:**
  
-== 1. DEFINITIONS AND INTERPRETATIONS ==+=== 1. DEFINITIONS AND INTERPRETATIONS ===
  
  In this Agreement the following words and expressions have the following meanings:  In this Agreement the following words and expressions have the following meanings:
Line 39: Line 50:
    
  **Confidential Information** any rmation or materials (whether in writing, electronic form, oral or otherwise) including any Results which are disclosed by one party (the “Discloser”) to the other Party (the “Recipient”) pursuant to this Agreement, where any such rmation or materials:  **Confidential Information** any rmation or materials (whether in writing, electronic form, oral or otherwise) including any Results which are disclosed by one party (the “Discloser”) to the other Party (the “Recipient”) pursuant to this Agreement, where any such rmation or materials:
-  +  ~~dl:generic~~  
- (a) shall at the time of disclosure, have been marked as confidential; + shall at the time of disclosure, have been marked as confidential; 
-  + shall, where disclosed orally, have been advised to the Recipient as being confidential and which advice shall have been followed up with confirmation thereof in writing within thirty (30) calendar days of such disclosure; or 
- (b) shall, where disclosed orally, have been advised to the Recipient as being confidential and which advice shall have been followed up with confirmation thereof in writing within thirty (30) calendar days of such disclosure; or + ought to be regarded by the Recipient exercising reasonable skill and care as being of a confidential nature.
-  +
- (c) ought to be regarded by the Recipient exercising reasonable skill and care as being of a confidential nature.+
    
  **Data** information collected in the course of the NSHD (including information from biological samples) and/or used in the , which can be processed manually, electronically or by other means.  **Data** information collected in the course of the NSHD (including information from biological samples) and/or used in the , which can be processed manually, electronically or by other means.
Line 80: Line 89:
  **Results** All information (excluding derived data) such as materials or other information, inventions, software or materials that are created by, or on behalf of, the Institution, and where appropriate UCL, in the course of carrying out the Research  **Results** All information (excluding derived data) such as materials or other information, inventions, software or materials that are created by, or on behalf of, the Institution, and where appropriate UCL, in the course of carrying out the Research
    
-== 1.2 Interpretations ==+=== 1.2 Interpretations ===
  
 In this Agreement (except where the context otherwise requires): In this Agreement (except where the context otherwise requires):
 +  ~~ol:hierarchical~~
   -   -
     - use of the singular includes the plural (and vice versa) and use of any gender includes the other genders;     - use of the singular includes the plural (and vice versa) and use of any gender includes the other genders;
Line 93: Line 103:
   - The headings are included for convenience only and are not to affect the construction or interpretation of this Agreement.   - The headings are included for convenience only and are not to affect the construction or interpretation of this Agreement.
  
-== 2. **The Research** ==+=== 2. The Research ==
 + 
 +  ~~ol:hierarchical~~
     - The Institution shall perform the in accordance with the terms and conditions of this Agreement and, if required, shall provide any deliverables as set out in this Agreement to UCL.     - The Institution shall perform the in accordance with the terms and conditions of this Agreement and, if required, shall provide any deliverables as set out in this Agreement to UCL.
     - The Institution shall, in the performance of the , be solely responsible for its own organisational arrangements and procedures, provided that its performance of the shall be consistent with its obligations under this Agreement.     - The Institution shall, in the performance of the , be solely responsible for its own organisational arrangements and procedures, provided that its performance of the shall be consistent with its obligations under this Agreement.
Line 103: Line 115:
     - If UCL believes that an Approved Project or the way in which Institution is undertaking or is proposing to undertake a Approved Project is deficient, it shall formally notify the Institution in writing at the earliest possible opportunity, discuss the matter with the Institution and give it clear indications as to how the Approved Project has not been satisfactory. After such discussions, Institution shall remedy any agreed faults within an agreed, reasonable time, not generally to exceed 21 working days unless otherwise agreed. Should Institution not to remedy any such agreed faults within the period agreed with the UCL, the UCL shall be entitled to terminate the Approved Project as set out elsewhere herein.     - If UCL believes that an Approved Project or the way in which Institution is undertaking or is proposing to undertake a Approved Project is deficient, it shall formally notify the Institution in writing at the earliest possible opportunity, discuss the matter with the Institution and give it clear indications as to how the Approved Project has not been satisfactory. After such discussions, Institution shall remedy any agreed faults within an agreed, reasonable time, not generally to exceed 21 working days unless otherwise agreed. Should Institution not to remedy any such agreed faults within the period agreed with the UCL, the UCL shall be entitled to terminate the Approved Project as set out elsewhere herein.
  
-== 3. Responsibilities of the Institution ==+=== 3. Responsibilities of the Institution ==
 +  ~~ol:hierarchical~~ 
     - The Institution shall ensure that each member of staff, student or others engaged by the Institution in the undertakes to observe the terms of this Agreement and any further or supplementary agreement entered into between the parties and that such members of staff, students and others are advised of any changes in the scope of the Agreement or the .     - The Institution shall ensure that each member of staff, student or others engaged by the Institution in the undertakes to observe the terms of this Agreement and any further or supplementary agreement entered into between the parties and that such members of staff, students and others are advised of any changes in the scope of the Agreement or the .
     - The Institution will ensure that the Data are used only by the Key Staff and only for the purpose of the Research, as specified, and are not passed to anyone outside of the Research without the prior written consent of UCL.     - The Institution will ensure that the Data are used only by the Key Staff and only for the purpose of the Research, as specified, and are not passed to anyone outside of the Research without the prior written consent of UCL.
Line 113: Line 127:
       - The Human Tissue Act 2004.       - The Human Tissue Act 2004.
  
-== 4. Applications for Data ==+=== 4. Applications for Data ===
  
   - All requests to use the Data must be submitted, in advance, using the appropriate form as found in Schedule 1. The form should then be returned in accordance with the instructions supplied.   - All requests to use the Data must be submitted, in advance, using the appropriate form as found in Schedule 1. The form should then be returned in accordance with the instructions supplied.
Line 119: Line 133:
   - The LHA Data Sharing Committee reserves the right to prioritise applications where necessary. Proposed projects that will incur significant extra work by LHA staff may be subject to a charge to cover the additional costs incurred by the LHA. Any such costs will be notified in advance.   - The LHA Data Sharing Committee reserves the right to prioritise applications where necessary. Proposed projects that will incur significant extra work by LHA staff may be subject to a charge to cover the additional costs incurred by the LHA. Any such costs will be notified in advance.
  
-== 5. Type of Data sharing ==+=== 5. Type of Data sharing ==
 + 
 +  ~~ol:hierarchical~~
   - When the LHA Data Sharing Committee approves a proposal it will recommend the level of collaboration required with the NSHD Study Team. The collaboration required takes into account the quality, sensitivity or amount of data/meta-data requested, the extent of biomedical data requested, and the scientific investments of the NSHD Study Team and their key specialist collaborators.   - When the LHA Data Sharing Committee approves a proposal it will recommend the level of collaboration required with the NSHD Study Team. The collaboration required takes into account the quality, sensitivity or amount of data/meta-data requested, the extent of biomedical data requested, and the scientific investments of the NSHD Study Team and their key specialist collaborators.
   - A NSHD co-ordinator may be assigned, at UCL’s sole discretion, to a research project by the LHA Data Sharing Committee.   - A NSHD co-ordinator may be assigned, at UCL’s sole discretion, to a research project by the LHA Data Sharing Committee.
Line 129: Line 145:
   - This Agreement covers all proposed data sharing ranging from full collaborations to independent projects with little involvement of the NSHD Study Team.   - This Agreement covers all proposed data sharing ranging from full collaborations to independent projects with little involvement of the NSHD Study Team.
  
-== 6. **Data Supply** ==+=== 6. Data Supply ==
 + 
 +  ~~ol:hierarchical~~
   - UCL will supply Data for each Approved Project as specified in Schedule 1 section 9.   - UCL will supply Data for each Approved Project as specified in Schedule 1 section 9.
   - UCL will provide the Data to the Institution in the format specified in Schedule 1 section 10.   - UCL will provide the Data to the Institution in the format specified in Schedule 1 section 10.
   - This Agreement does not restrict the right of UCL to distribute the Data to third parties or to publish any document relating to the Data or to use the Data in any other way.   - This Agreement does not restrict the right of UCL to distribute the Data to third parties or to publish any document relating to the Data or to use the Data in any other way.
  
-== 7. Confidentiality ==+=== 7. Confidentiality ==
 + 
 +  ~~ol:hierarchical~~
   - The Institution will ensure the security of Data and that it is treated as confidential. In particular the Institution will ensure that:   - The Institution will ensure the security of Data and that it is treated as confidential. In particular the Institution will ensure that:
     - Data remains confidential as governed by common law obligations of confidentiality and/or medical confidentiality, requirements of the Data Protection Act 1998, the Human Tissue Act 2004, any other applicable laws, and UCL published guidelines, each as amended from time to time;     - Data remains confidential as governed by common law obligations of confidentiality and/or medical confidentiality, requirements of the Data Protection Act 1998, the Human Tissue Act 2004, any other applicable laws, and UCL published guidelines, each as amended from time to time;
Line 141: Line 161:
   - The Parties acknowledge that remedies at law may be inadequate to protect against a breach of the provisions of this clause 7 and that the UCL may seek injunctive relief to restrain such breach, in addition to any other remedies available to the UCL.   - The Parties acknowledge that remedies at law may be inadequate to protect against a breach of the provisions of this clause 7 and that the UCL may seek injunctive relief to restrain such breach, in addition to any other remedies available to the UCL.
  
-== 8. Security ==+=== 8. Security ==
 + 
 +  ~~ol:hierarchical~~
   - The Institution will ensure that all Data are held securely as outlined in the UCL security policies for LHA (available on the LHA website). Including ensuring that:   - The Institution will ensure that all Data are held securely as outlined in the UCL security policies for LHA (available on the LHA website). Including ensuring that:
     - Data may only be stored and processed in a secure networked environment. Data should not be stored and processed on laptop computers unless they have full disk encryption and are solely connected to a secure networked environment within the institution’s IT infrastructure;     - Data may only be stored and processed in a secure networked environment. Data should not be stored and processed on laptop computers unless they have full disk encryption and are solely connected to a secure networked environment within the institution’s IT infrastructure;
Line 152: Line 174:
   - The Institution will at UCL’s request, pay UCL for the cost of secure courier services to transfer the Data to the Institution. Payment shall be in advance of the transfer or upon submission of an invoice by UCL, at UCL’s option.   - The Institution will at UCL’s request, pay UCL for the cost of secure courier services to transfer the Data to the Institution. Payment shall be in advance of the transfer or upon submission of an invoice by UCL, at UCL’s option.
  
-== 9. Publication of Results and Derived Data ==+=== 9. Publication of Results and Derived Data ==
 + 
   - The Institution will acknowledge the contribution of LHA, UCL and principal investigators of the NSHD in any Output arising from the Project.   - The Institution will acknowledge the contribution of LHA, UCL and principal investigators of the NSHD in any Output arising from the Project.
   - It is the intention of the Parties that where the Results have been obtained from collaborative working then Results will be published by way of joint academic publication between the Institution and UCL. The Parties will co-operate in the preparation and submission of joint academic publications containing the Results. Authorship of such publication shall be determined in accordance with standard academic practice. Notwithstanding the foregoing, in no event shall the Institution publish or disclose any of the Results without the prior written consent of UCL.   - It is the intention of the Parties that where the Results have been obtained from collaborative working then Results will be published by way of joint academic publication between the Institution and UCL. The Parties will co-operate in the preparation and submission of joint academic publications containing the Results. Authorship of such publication shall be determined in accordance with standard academic practice. Notwithstanding the foregoing, in no event shall the Institution publish or disclose any of the Results without the prior written consent of UCL.
Line 160: Line 184:
   - In the event that, during the Project, Derived Data is generated, the Institution shall provide UCL with a copy of such Derived Data and the Derived Data will be incorporated into the Database and made available to other third parties for use in academic research. UCL acknowledge that Derived Data would not be released to a third party until after initial publication of the Derived Data by the Institution.     - In the event that, during the Project, Derived Data is generated, the Institution shall provide UCL with a copy of such Derived Data and the Derived Data will be incorporated into the Database and made available to other third parties for use in academic research. UCL acknowledge that Derived Data would not be released to a third party until after initial publication of the Derived Data by the Institution.  
  
-== 10. Publicity ==+=== 10. Publicity ==
 + 
 +  ~~ol:hierarchical~~
   - Prior to the publication of any Results of the or any Data or of matters arising from such Results or Data in accordance with Clause 9, neither Party shall without the prior written consent of the other (which shall not unreasonably be withheld) release, or otherwise make available to third parties, rmation relating to the Agreement or the by means of any public statement and in particular any press announcement or displays or oral presentations to meetings.   - Prior to the publication of any Results of the or any Data or of matters arising from such Results or Data in accordance with Clause 9, neither Party shall without the prior written consent of the other (which shall not unreasonably be withheld) release, or otherwise make available to third parties, rmation relating to the Agreement or the by means of any public statement and in particular any press announcement or displays or oral presentations to meetings.
   - In the event that the Institution fails to comply with the provisions of Clause 10.1, then UCL shall have the right to terminate the Agreement with immediate effect by the provision of notice in writing to the Institution.   - In the event that the Institution fails to comply with the provisions of Clause 10.1, then UCL shall have the right to terminate the Agreement with immediate effect by the provision of notice in writing to the Institution.
Line 166: Line 192:
   - Neither Party shall use the name nor trade mark of the other or the names of any of its staff except as expressly provided for in this Agreement without the prior written consent of that Party or individual.   - Neither Party shall use the name nor trade mark of the other or the names of any of its staff except as expressly provided for in this Agreement without the prior written consent of that Party or individual.
  
-== 11. Data Ownership and Intellectual Property ==+=== 11. Data Ownership and Intellectual Property ==
 + 
 +  ~~ol:hierarchical~~
   - The UCL will remain the custodian of the Data and the owner of any intellectual property rights subsisting in the Data and/or Database.   - The UCL will remain the custodian of the Data and the owner of any intellectual property rights subsisting in the Data and/or Database.
   - This Agreement does not affect the ownership of any Intellectual Property Rights in any Background . Background will remain the property of the Party that contributes the Background to the (or its licensors). No licence to use any Background is granted or implied by this Agreement except the rights explicitly granted in this Agreement.   - This Agreement does not affect the ownership of any Intellectual Property Rights in any Background . Background will remain the property of the Party that contributes the Background to the (or its licensors). No licence to use any Background is granted or implied by this Agreement except the rights explicitly granted in this Agreement.
Line 181: Line 209:
   - The provisions of this Clause will survive the expiry or earlier termination of the Agreement.   - The provisions of this Clause will survive the expiry or earlier termination of the Agreement.
  
-== 12. Indemnity and Liability ==+=== 12. Indemnity and Liability ==
 + 
 +  ~~ol:hierarchical~~
   - Institution (“**Indemnifying Party**”) shall indemnify UCL (“**Indemnified Party**”) and its Council members, advisory body members, officers, directors, employees and agents fully against any liability, loss, claim, damage, cost, expense (including legal fees), or proceedings whatsoever arising under any statute or at common law in respect of:   - Institution (“**Indemnifying Party**”) shall indemnify UCL (“**Indemnified Party**”) and its Council members, advisory body members, officers, directors, employees and agents fully against any liability, loss, claim, damage, cost, expense (including legal fees), or proceedings whatsoever arising under any statute or at common law in respect of:
     - any damage to property, real or personal, including any infringement of third party Intellectual Property Rights;     - any damage to property, real or personal, including any infringement of third party Intellectual Property Rights;
Line 201: Line 231:
   - Subject to clause 12.11, the maximum aggregate liability of the Indemnifying Party arising out of or in the course of or in connection with the Indemnifying Party’s performance of its obligations under this Agreement will not exceed in total £500,000.   - Subject to clause 12.11, the maximum aggregate liability of the Indemnifying Party arising out of or in the course of or in connection with the Indemnifying Party’s performance of its obligations under this Agreement will not exceed in total £500,000.
  
-== 13. Term and Termination ==+=== 13. Term and Termination ==
 + 
 +  ~~ol:hierarchical~~
   - This Agreement will be deemed to commence on [INSERT DATE] and will be subject to regular review.   - This Agreement will be deemed to commence on [INSERT DATE] and will be subject to regular review.
   - Either Party may terminate this Agreement with immediate effect at any time by four weeks’ notice in writing to the other Party if the other Party is in material breach of the terms and, if remediable, the breach is not remedied within thirty working days of the other Party receiving written notice to remedy if so.   - Either Party may terminate this Agreement with immediate effect at any time by four weeks’ notice in writing to the other Party if the other Party is in material breach of the terms and, if remediable, the breach is not remedied within thirty working days of the other Party receiving written notice to remedy if so.
   - On termination of this Agreement all work on the Approved Project(s) listed in Appendix 1 at the time of termination will cease. and the Data supplied by the UCL and any copies made subsequently by the Institution must be destroyed. Termination of an Approved Project will not affect the currency or validity of this Agreement.   - On termination of this Agreement all work on the Approved Project(s) listed in Appendix 1 at the time of termination will cease. and the Data supplied by the UCL and any copies made subsequently by the Institution must be destroyed. Termination of an Approved Project will not affect the currency or validity of this Agreement.
   - On conclusion of the Approved Project(s) or their termination under Clause 13.2, the Institution will not be permitted to make any further use of the Data used in the applicable Approved Project and should destroy any copy of the Data supplied by the UCL and any copies made subsequently by the Institution.   - On conclusion of the Approved Project(s) or their termination under Clause 13.2, the Institution will not be permitted to make any further use of the Data used in the applicable Approved Project and should destroy any copy of the Data supplied by the UCL and any copies made subsequently by the Institution.
-<HTML><li></HTML>==== For the avoidance of doubt, no copies of the Data may be retained by the Institution other than Data embedded in Results and any Data captured in the course of the Institutions routine computer system back-up procedures which may only be used for the purpose of using the Results and for back-up purposes respectively. Upon notification by the UCL to the Institution, at any time, that one or more NSHD subjects have withdrawn their consent for the continued use of their Data, the Institution will destroy those parts of the Data identified by the UCL. ==== +  - For the avoidance of doubt, no copies of the Data may be retained by the Institution other than Data embedded in Results and any Data captured in the course of the Institutions routine computer system back-up procedures which may only be used for the purpose of using the Results and for back-up purposes respectively. Upon notification by the UCL to the Institution, at any time, that one or more NSHD subjects have withdrawn their consent for the continued use of their Data, the Institution will destroy those parts of the Data identified by the UCL. 
-<HTML></li></HTML> +  Upon termination of this Agreement the following clauses will continue in force: clauses 7, 9, 10, 11, 12, 13.5, 13.6 and 14 to 19 inclusive. For the avoidance of doubt, termination of individual Approved Projects does not remove them from the effect of these clauses.
-<HTML><li></HTML>==== Upon termination of this Agreement the following clauses will continue in force: clauses 7, 9, 10, 11, 12, 13.5, 13.6 and 14 to 19 inclusive. For the avoidance of doubt, termination of individual Approved Projects does not remove them from the effect of these clauses. ==== +
-<HTML></li></HTML><HTML></ol></HTML>+
  
-  - **Notices**+=== 14. Notices === 
 + 
 +  ~~ol:hierarchical~~
     - Contact for notices:     - Contact for notices:
  
Line 219: Line 251:
 14.2 All notices will be in the English language. 14.2 All notices will be in the English language.
  
-<HTML><ol style="list-style-type: decimal;"></HTML> +=== 15. Disputes, Governing Law and Jurisdiction === 
-<HTML><li></HTML>==== DisputesGoverning Law and Jurisdiction ====+ 
 +  This Agreement will be subject to and construed and interpreted in accordance with English law and will be subject to the exclusive jurisdiction of the Courts of England. This clause 15.1 shall not prevent a party from seeking interim relief in any court of competent jurisdiction. 
 +  If any dispute arises in connection with this Agreement, directors or other senior representatives of the Parties with authority to settle the dispute will, within thirty working days of a written request from one Party to the other, meet (or speak by telephone) in a good faith effort to resolve the dispute. 
 +  - If the dispute is not resolved at that meeting, the Parties will attempt to settle it by mediation in in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the Parties, the mediator will be nominated by CEDR. To initiate the mediation a Party must give notice in writing (ADR notice) to the other Party to the dispute requesting mediation. A copy of the ADR notice should be sent to CEDR Solve. The mediation will start not later than sixty days after the date of the ADR notice. No Party may commence any court proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other Party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay and provided that this will not prevent a Party from seeking interim relief from court. 
 + 
 +=== 16. General === 
 + 
 +  - No Party shall assign this Agreement without the prior written consent of the other Partywhich shall not unreasonably be withheld. 
 +  - All Parties shall agree any amendments to this Agreement in writing. 
 +  - Except as otherwise expressly provided for herein, nothing in this Agreement shall confer or purport to confer on any third party any benefit or any right to enforce any term of this Agreement 
 +  - Termination of this Agreement shall not affect the survival of any clauses or provisions herein which are stated, or which by their nature are intended, to continue after termination or expiry. 
 + 
 +=== 17. Further Assurance === 
 + 
 +  - Each party will, at the request of the other party and its own cost, do (or procure others to do) everything necessary to give the other party the full benefit of the Agreement 
 + 
 +=== 18. Costs and Expenses ===
  
-<HTML><ol style="list-style-type: decimal;"></HTML> +  Each party shall bear its own costs and expenses (including legal fees) in relation to the preparation and execution of this Agreement.
-  - This Agreement will be subject to and construed and interpreted in accordance with English law and will be subject to the exclusive jurisdiction of the Courts of England. This clause 15.1 shall not prevent a party from seeking interim relief in any court of competent jurisdiction.<HTML></p></HTML> +
-<HTML></li></HTML> +
-  - If any dispute arises in connection with this Agreement, directors or other senior representatives of the Parties with authority to settle the dispute will, within thirty working days of a written request from one Party to the other, meet (or speak by telephone) in a good faith effort to resolve the dispute.<HTML></p></HTML> +
-<HTML></li></HTML> +
-<HTML><li></HTML>===== If the dispute is not resolved at that meeting, the Parties will attempt to settle it by mediation in in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the Parties, the mediator will be nominated by CEDR. To initiate the mediation a Party must give notice in writing (ADR notice) to the other Party to the dispute requesting mediation. A copy of the ADR notice should be sent to CEDR Solve. The mediation will start not later than sixty days after the date of the ADR notice. No Party may commence any court proceedings in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other Party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay and provided that this will not prevent a Party from seeking interim relief from court===== +
-<HTML></li></HTML><HTML></ol></HTML> +
-<HTML></li></HTML> +
-<HTML><li></HTML>==== General ====+
  
-<HTML><ol style="list-style-type: decimal;"></HTML> +=== Precedence of Agreements ===
-<HTML><li></HTML>===== No Party shall assign this Agreement without the prior written consent of the other Party, which shall not unreasonably be withheld. ===== +
-<HTML></li></HTML> +
-<HTML><li></HTML>===== All Parties shall agree any amendments to this Agreement in writing. ===== +
-<HTML></li></HTML> +
-<HTML><li></HTML>===== Except as otherwise expressly provided for herein, nothing in this Agreement shall confer or purport to confer on any third party any benefit or any right to enforce any term of this Agreement ===== +
-<HTML></li></HTML> +
-<HTML><li></HTML>===== Termination of this Agreement shall not affect the survival of any clauses or provisions herein which are stated, or which by their nature are intended, to continue after termination or expiry. ===== +
-<HTML></li></HTML><HTML></ol></HTML> +
-<HTML></li></HTML> +
-<HTML><li></HTML><HTML><p></HTML>**Further Assurance**<HTML></p></HTML> +
-<HTML><ol style="list-style-type: decimal;"></HTML> +
-  - Each party will, at the request of the other party and its own cost, do (or procure others to do) everything necessary to give the other party the full benefit of the Agreement<HTML></p></HTML> +
-<HTML></li></HTML><HTML></ol></HTML> +
-<HTML></li></HTML> +
-<HTML><li></HTML><HTML><p></HTML>**Costs and Expenses**<HTML></p></HTML> +
-<HTML><ol style="list-style-type: decimal;"></HTML> +
-  - Each party shall bear its own costs and expenses (including legal fees) in relation to the preparation and execution of this Agreement.<HTML></p></HTML> +
-<HTML></li></HTML><HTML></ol></HTML> +
-<HTML></li></HTML> +
-<HTML><li></HTML>==== Precedence of Agreements ===+
-<HTML></li></HTML><HTML></ol></HTML>+
  
-> 19.1 If the parties are both party to a collaboration agreement in relation to the Project, then should there be any inconsistency between the terms of that collaboration agreement and the terms of this Agreement, then the terms of the collaboration agreement will prevail to the extent of such inconsistency.+  - If the parties are both party to a collaboration agreement in relation to the Project, then should there be any inconsistency between the terms of that collaboration agreement and the terms of this Agreement, then the terms of the collaboration agreement will prevail to the extent of such inconsistency.
  
 **\\ **\\
Line 270: Line 289:
 |Date     || |Date     ||
  
-TEMPLATE: SCHEDULE 1+==== TEMPLATE: SCHEDULE 1 ====
  
-|**\\\\ **\\ \\ **UCL National Survey of Health and Development**\\ \\ **Request to access data and/or biological samples**                                                                                                                                                                                                                                                                     +| **UCL National Survey of Health and Development**\\ \\ **Request to access data and/or biological samples**  
-|1. Name of all applicants, affiliations and contact details (include telephone numbers and email addresses and extend form as necessary where there are more applicants)\\ \\ Principal Applicant:\\ \\ Co-applicant (1)\\ \\ Co-applicant (2)\\ \\ Employing Institution of each applicant\\ \\ NSHD Co-ordinator /co-applicant: //If known please state name, else record as ‘to be agreed’//+**1. Name of all applicants, affiliations and contact details** (include telephone numbers and email addresses and extend form as necessary where there are more applicants)\\ \\ 
-|**2. Title of project (less than 30 words):**\\ \\ Start Date: End Date:                                                                                                                                                                                                                                                                                                                       +Principal Applicant:\\ \\ 
-|**3. Funding: Has/will the project be(en) peer reviewed and funded?**\\\\ (If yes, please state organisation which has reviewed (or will review) project and their decision. Please enclose grant proposal, response, and referees’ comments as an appendix)                                                                                                                                   |+Co-applicant (1)\\ \\ 
 +Co-applicant (2)\\ \\ 
 +Employing Institution of each applicant\\ \\ 
 +NSHD Co-ordinator /co-applicant: //If known please state name, else record as ‘to be agreed’//
 +|**2. Title of project (less than 30 words):**\\ \\ 
 +Start Date: End Date: | 
 +|**3. Funding: Has/will the project be(en) peer reviewed and funded?**\\ (If yes, please state organisation which has reviewed (or will review) project and their decision. 
 +Please enclose grant proposal, response, and referees’ comments as an appendix) |
 |**4. Brief description of project including proposed outputs\\\\ **(no more than 1-2 sides A4 with up to 10 key references.                                                                                                                                                                                                                                                                    | |**4. Brief description of project including proposed outputs\\\\ **(no more than 1-2 sides A4 with up to 10 key references.                                                                                                                                                                                                                                                                    |
 |**5. Rationale for undertaking this project with the UCL NSHD data set**                                                                                                                                                                                                                                                                                                                       | |**5. Rationale for undertaking this project with the UCL NSHD data set**                                                                                                                                                                                                                                                                                                                       |
Line 292: Line 318:
 |Signature %%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%% Date %%__%%%%__%%%%__%%%%__%%%%__%%_\\ \\ Name %%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%_                                                                                                                             | |Signature %%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%% Date %%__%%%%__%%%%__%%%%__%%%%__%%_\\ \\ Name %%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%_                                                                                                                             |
  
-SCHEDULE 2 **Publication agreement – to be returned to the UCL**+==== SCHEDULE 2 Publication agreement – to be returned to the UCL ====
  
 Each er to sign and complete contact details below: Each er to sign and complete contact details below:
Line 326: Line 352:
 > Email: %%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%­­­­­­­­­­­­­­­­­­­­­­­­­­%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%_ > Email: %%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%­­­­­­­­­­­­­­­­­­­­­­­­­­%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%_
  
-TEMPLATE: SCHEDULE 3 Publication Notification+==== TEMPLATE: SCHEDULE 3 Publication Notification ====
  
 **//UCL ULHA - New Article Submission Form//** **//UCL ULHA - New Article Submission Form//**
Line 358: Line 384:
 Please tick to confirm that you have sent a copy at the Manuscript Front Page Please tick to confirm that you have sent a copy at the Manuscript Front Page
  
-TEMPLATE: SCHEDULE 4 Timetable+====TEMPLATE: SCHEDULE 4 Timetable====
  
 **Project Title** **Project Title**
Line 378: Line 404:
 In addition the LHA reserves the right to ask for regular updates on the . In addition the LHA reserves the right to ask for regular updates on the .
  
-TEMPLATE: SCHEDULE 5 Implementing Letter+==== TEMPLATE: SCHEDULE 5 Implementing Letter ====
  
 **Implementing Letter for UCL NSHD Data Sharing Agreement between the University College London (“UCL”) and** [//insert name of Institution//] **(“Institution”) dated** [//insert date of master agreement//] **(“Agreement”)** **Implementing Letter for UCL NSHD Data Sharing Agreement between the University College London (“UCL”) and** [//insert name of Institution//] **(“Institution”) dated** [//insert date of master agreement//] **(“Agreement”)**
  • nshd/dsagreement.txt
  • Last modified: 12 months ago
  • by director