Agreement Between Orau Acting Under Contract No. at-(40-1)-Gen-33 with the AEC

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THIS AGREEMENT, entered into this $ d day of @-f1970 by and between OAK RIDGE ASSOCIATED UNIVERSITIES, INCORPORATED, o f THE METHODIST CHURCH of Oak Ridge,Tennessee(here in after called the WHEREAS,OR AU under its aforesaid contract with the Commission, conducts certain programs for the Commission, among them being a nuclear medicine research program conducted in U.S.Government - owned facilities at Oak Ridge ; and WHEREAS,the Hospital has requested that OR AU provide certain diagnostic nuclear medicine services to selected patients of the Hospital which will require the use of certain OR AU Medical Division WHEREAS,the providing of such services will improve and enhance the research and training program of the Medical Division. NOW THEREFORE,the parties here to do mutually agree as ARTICLE I - SCOPE OF SERVICES The Government - owned facilities and equipment of the OR AU Medical Division,including time of OR AU personnel,will be made

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available for OR AUto perform diagnostic services in nuclear medicine for the Hospital under the terms and conditions and for the consideration her in after set forth. (a)The services to be rendered by the OR AU Medical Division will be diagnostic,involving the administration of test doses of radioisotopes to referred patients with appropriate follow - up measurements and scans. (b)The principle services to be provided will be brain, liver and bones can s and Reno grams.Other services that may b e Fixed Charges,attached here to and made apart here of. (4Patients will be admitted or registered at the Hospital and referred at times mutually agreed to by the parties,to OR AU by the Hospital ' s Radiology Department.The patients will be interviewed by a physician on the OR AU Medical Division staff who will approve the administration of the radioisotope.The appropriate scans and sample measurements will be carried out by an OR AU technician, interpreted by a Medical Division physician and reported to the Hospital ' s Radiology Department. (d)It shall be the responsibility of the Hospital to provide transportation and / or otherwise assure the health and safety of the referred patients to and from the OR AU Medical Division (e)A11procedures wi11be performed with present OR AU equipment and personnel,Such services will be available only to the extent that the research effort on Medical Division programs will not be diluted.

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(f)OR AU reserves the right to not accept such patients as i t deems are incompatible with the research programs and goals of the Medical Division or for which OR AU does not have the proper equipment or expertise to perform the services requested. (9)At the request of OR AU,and as mutually agreed upon, the Hospitals hall provide OR AU Medical Division with follow - u p data on the progress of selected patients for the purpose of aiding the Medical Divisi on research programs. (a) The Hospital will reimburse OR AU for services rendered in accordance with the establish schedule of fixed charges attached here to and designated as Appendix A. The schedule of fixed charges is subject to revision by OR AU as may be required by the Commission to maintain a current relationship with the fees charged by area hospitals. The Hospital will be notified in writing of any necessary revision to the Appendix A Schedule of Fixed Charges and the revised charges will become effective upon the1st of the month following a minimum period of 30 days from the date of notification, (b)OR AU will submit to the Hospital a monthly in voice detailing the date of the service, name of the patient,type of procedure,and fixed charge, The Hospital will promptly remit to OR AU the total amount of the monthly in voice.Overdue accounts shall accrue interest charges beginning on the31st day from the billing date at the per annum interest rate then currently required by the

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(a)This agreements hall commence on the 3-d~d ayof ,1970,and shall terminate on the /,& dayof sooner terminated, amended or extended, (b)This agreement may be terminated either (i1 by the mutual agreement of the parties here to, evidenced in writing, (ii)in whole or in part at anytime and without prior notice upon the Commission ' s determination that the Government - owned equipment and facilities being used under this agreement are immediately necessary for the conduct of other work. Title to all material,property,and supplies of every kind and description furnished by the Commission and OR AU for the services described here in shall remain in the Government. ( a > Whenever any invention or discovery is made orcon - ce i ved by OR AU,the Hospital or their employees in the course of or under this agreement,OR AU or the Hospitals hall promptly furnish the Commission with complete information there on ; and the Commission shall have the sole power to determine whether or not and where a patent applications hall be filed,and to determine the disposition of the title to and the rights under any application or patent that may result ; provided,however,that the Hospital and / or OR AU in any free license under said invention,discovery patent application,

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or patent.The title and additional rights shall in each instance be determined by the Commission as i t deems equitable and ap pro - pri ate after consultation with OR AU and the Hospital.Subject to the license retained by OR AU and / or the Hospital, as provided in this paragraph,the judgment of the Commission on these matters shall be accepted as final ; and OR AU and the Hospital,for themselves and for their employees,agree that the inventor or inventors will execute all documents and do all things necessary or proper to carryout the judgment of the Commission. (b)No claim for pecuniary award or compensation under the provisions of the Atomic Energy Act of1954, as amended, or under Hospital,or their employees with respect to any invention or d is - co very made or conceived in the course of or under this agreement. (4Except as otherwise authorized in writing by the Commission,OR AU and the Hospital will obtain patent agreements to effectuate the purposes of paragraphs a. andb.of this article from all persons who perform any part of the work under this agree - ment,except such clerical and manual labor personnel as will not have access to technical data. (d)It is recognized that during the course of the work under this agreement,ORAU,the Hospital,or their employees may from time to time desire to publish,within the limits of security requirements,information regarding scientific or technical develop - ments made or conceived in the course of or under this agreement.

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In order that public disclosure of such information will not ad - verse ly affect the patent interests of the Commission,patent approval for release and publications hall be secured from the Commission prior to any such release or publication, services,materials, or information furnished here under will not result in injury or damage when used for any purpose,and(4)that the services,materials or information furnished here under will accomplish the intended results or are safe for any purpose including the intended purpose. acting on their behalf will be responsible,irrespective of causes, for failure to perform the services or furnish the materials or information here under at any particular time or in any specific manner therefore where appropriate. acting on their behalf will be responsible for any injury to or death of persons or other living things or damage to or destruction of property or for any other loss, damage or injury of any kind whatsoever resulting from the performance of services or furnishing of materials here under. acting on their behalf makes any warranty express or implied(1) with respect to the accuracy,completeness or usefulness or any information furnished here under,(2)that the use of any such information may not infringe privately - owned rights,(3)that the

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The Hospital agrees to indemnify and save harmless the Government, the Commission, ORAU,and persons acting on their behalf sul ting from the Hospital ' s use or disclosure of any information in whatever form,furnished here under,and(2)all liability to any person including the Hospital for injury to or death of persons of other living things or injury to or destruction of property arising outof performance by the Government, the Commission, ORAU,or persons acting on their behalf,and not directly resulting from the fault or negligence of the Government, the Commission, ORAU, or persons acting on their behalf,or arising out of the use ofthe under by any person including the Hospital. The Hospital agrees to indemnify the Government, the Commission, ORAU, and persons acting on their behalf against liability of any kind(including costs and expenses incurred)for the use o f any invention or discovery and for the infringement of any Letters Patent (1952)U.S. Code, prior to the issuance of Letters Patent)occurring inthe performance of this agreement. The Commission shall have the right to use,without payment of any compensation,any information acquired by the Commission or its contractors in connection with or as a result of the work here - under for any purpose,