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By submitting an NMR Service Requisition Form, Client acknowledges and agrees, for valuable consideration, to the following terms and conditions.

1.  The CLIENT will furnish the product to be tested along with the complete NMR Service Requisition Form for the tests (hereinafter called "TESTS"). This Protocol will be followed in all aspects by the NMR Laboratory at the University of Ottawa (“uOttawa”). 

2.  For support of the TESTS, the CLIENT agrees to pay the amounts posted, and amended from time to time, on the NMR Laboratory website.  Payment is due at the time of delivery of any reports.

3.  The NMR Laboratory has made arrangements so that personnel and facilities will be available
to do testing. All property acquired by uOttawa specifically for the conduct of this
project will become the property of uOttawa.

4.  The CLIENT will be furnished reports upon completion of the TESTS. The data from the analysis will not be published without written permission of the CLIENT.

5.  It is understood that the principal product anticipated from these TESTS will be the reports indicated in Paragraph 4. Any invention made strictly following the Protocol furnished by the CLIENT will be the property of the CLIENT.

6.         uOttawa will use its best efforts to keep information received from the CLIENT
confidential provided such information is stated in writing to be confidential and proprietary.
However, such confidentiality will not apply to information which (a) is at the time of receipt
public knowledge or after receipt becomes public knowledge through no act of omission on the part of uOttawa; (b) was known to uOttawa as shown by written records, prior to disclosure by CLIENT; (c) has been independently developed by persons in uOttawa’s employ or who otherwise have no contact with Confidential Information, as proven with written records; or (d) is received by uOttawa or anyone from a third party.

7.  uOttawa agrees that the information provided to CLIENT under this agreement will be reasonably accurate in accordance with scientifically accepted standards.  uOttawa disclaims all warranties including all implied warranties of merchantability and fitness for a particular purpose.

8.  CLIENT shall indemnify, hold harmless and defend the University of Ottawa, and their respective officers, directors, trustees, employees, and agents (the "indemnified parties") against any and all claims, demands, actions, liability and expenses ("claims") including claims, allegedly resulting in whole or in part from the negligence of the indemnified parties or from acts or omissions for which the indemnified parties otherwise would be strictly liable, related to or arising out of (i) CLIENT'S use of any deliverables resulting from the TESTS, reports, inventions, patents, or other property or rights accruing to CLIENT hereunder (the “inventions") or (ii) the development, testing, manufacturing, sale, disposition or use of any product, device or object based on the invention.  CLIENT shall be responsible for any damage to University of Ottawa’s facilities and/or personnel caused by the product and/or device being tested provided the Principal Investigator followed the Protocol furnished by the CLIENT.

9.  CLIENT will not use the name of University of Ottawa, nor of any member of the NMR Laboratory or the University of Ottawa’s Project staff, in any publicity, advertising, or news release without the prior written approval of an authorized representative of the University of Ottawa.  CLIENT will not under any circumstances advertise or otherwise state or imply that the University of Ottawa has tested or approved any product or process.

10. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario.

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