materials transfer agreement - Melbourne Research - University of ...

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6. PUBLICATIONS
6.1 The University shall not publish details or a description of the Materials unless:
(a)
(b)
(c)
7. TAXES
a copy of the proposed publication is first provided to MaterialSupplier;
the proposed publication acknowledges MaterialSupplier as the source of the
Materials; and
MaterialSupplier agrees in writing to the proposed publication.
1.0 If, under the GST Law, any supply under this Agreement is taxable, the supplier of
the supply (the Supplier) will be entitled to recover from the recipient of the supply
(the Recipient), an amount equal to the GST payable by the Supplier. If GST is
payable, the Supplier will provide the Recipient with a tax invoice or other
document adequate to claim an input tax credit.
2.0 In this clause “GST Law” means A New Tax System (Goods and Services Tax) Act
1999 and any substantially similar legislation which may operate at any time during
the term of this Agreement. “Supply” has the meaning given to that term in the GST
Law.
8. DISPUTE RESOLUTION
8.1 If any dispute or difference arises in connection with this Agreement, then the
Parties shall negotiate in good faith for a period of no more than 30 days, using
their best endeavours to resolve the dispute or difference.
8.2 If the Parties are unable to resolve any dispute or difference in accordance with the
above sub-clause, then the matter may be submitted to a person agreed by the
Parties (or failing agreement to a person appointed by the President of the Law
Institute of Victoria or any similar or successor organisation) for determination.
The costs of submission to the person appointed pursuant to this Clause will be
met equally by the Parties.
9. USE OF UNIVERSITY’S NAME
9.1 MaterialSupplier will not use the University’s name or logo without the prior written
consent of the University.
10. RELATIONSHIP OF PARTIES
10.1 The Parties are independent contracting parties, and nothing in this Agreement
shall make any Party the agent or legal representative of the other for any purpose
whatsoever, nor does it grant either Party any authority to assume or to create any
obligation on behalf of or in the name of the other.
11. ASSIGNMENT
11.1 A Party may not assign the rights and obligations arising under this Agreement
without the prior written consent of the other Party.
12. WAIVER
12.1 Any failure by a party to compel performance by the other party of any of the terms
and conditions of this Agreement will not constitute a waiver of those terms or
conditions or diminish rights arising from their breach.