MTA #U. S. Department of Agriculture
Agricultural Research ServiceM

MATERIAL TRANSFER AGREEMENT
for Transfer of Non-Patented Microorganisms

FOR

This Agreement is governed by the terms of the Federal Technology Transfer Act (15 U.S.C. 3710a (b) (3) (A)).

USDA, ARS, Midwest Area
ARS Culture Collection (NRRL)
1815 N. University Street
Peoria, IL 61604
Tel: 309-681-6398
FAX: 309-681-6672
E-Mail: NRRLCollectionManager@usda.gov

Recipient:

Name Signing above Recipient Scientist
Title
University/Company Nameaddress
City, State, ZIP
Tel: xxx-xxx-xxxx
E-mail: thispersonsemail@email--DONOTUSE

TH

ARS:

ISPARTIES:

Recipient’s Scientist Name
Title
University/Company Nameaddress
City, State, ZIP
Tel: xxx-xxx-xxxx
E-mail: thispersonsemail@email

AM
PLE

ON

LY

Recipient’s Scientist:

PURPOSEEX

To provide Recipient with NRRL # Genus species, and associated know how, hereinaftercollectively referred to as the Material.
The Material is released to Recipient under the following conditions:
1. The Material shall be used for research for: be specific on use of strain(s) here.
NRRL Non-Patented June 2019

Page 1 of 4

MTA #Recipient shall acknowledge the ARS Culture Collection as the source of Material and will
include NRRL identifiers in all public descriptions of the Material.

3.

Recipient shall not in any way state or imply that this Agreement or the results of thisAgreement is an endorsement by ARS of Recipient’s organizational units, employees,
products, or services except to the extent permission is specifically granted by an authorized
representative of ARS.

4.

The Parties acknowledge and agree to comply with all applicable laws and regulations,
including those of the Animal Plant Health and Inspection Service, the U.S Public HealthService, and/or Export Control Administration pertaining to possession or transference oftechnical information, biological materials, pathogens, toxins, genetic elements, geneticallyengineered microorganisms, vaccines, and the like, including maintaining necessary permits.
It is understood that no materials will be shipped to Recipient without a copy of a valid
permit or other state approvals if required.

5.

Recipient shall assume sole responsibility for any claims or liabilities that may arise as aresult of the Recipient’s use of the Material.

6.

ARS GIVES NO WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, FOR
THE MATERIAL, INCLUDING MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.

7.

The provisions of this Agreement are to be deemed severable and the invalidity, illegality orunenforceability of one or more of such provisions shall not affect the validity, legality orenforceability of the remaining provisions.

8.

This Agreement may be executed in any number of counterparts, each of which when so
executed shall be deemed to be an original and all of which taken together shall constituteone and the same agreement. Signature by facsimile shall also bind each of the parties to thisAgreement.

9.

ARS is an agency of the U.S. Government and any rights or obligations created under thisAgreement are freely transferable within the U.S. Government and shall not be deemed a“transfer.”

AMPLEO

N

LY

--DO

NO

T

U

SE

TH

ISFOR

M

2.

This Material Transfer Agreement shall be construed in accordance with United States ofAmerica Federal Law as interpreted by the Federal Courts in the District of Columbia.

11.

Either party may unilaterally terminate this entire Agreement at any time by giving the otherparty written notice and cause not less than sixty (60) calendar days prior to the desired
termination date, in the case of 1) breach of this Agreement, 2) identification by either Partyof conflict with, or violation of, any applicable regulations or laws, or 3) conflict with thirdparty intellectual property claims.

EX

10.

This Material Transfer Agreement shall become effective upon date of final signature and shall
NRRL Non-Patented June 2019

Page 2 of 4

MTA #EXAMPLEONLY--DONOTUSETHISFORM

continue in effect for a period of five (5) years. However, Recipient may continue use of theMaterial beyond the five-year term, subject to the terms of this Agreement.

NRRL Non-Patented June 2019

Page 3 of 4

MTA #ACCEPTED FOR THE RECIPIENT:

Date

Name

Recipient Scientist
Title

DateISFORM

Name

Official Title here
Title of Authorized Representative

SETH

ACCEPTED FOR THE AGRICULTURAL RESEARCH SERVICE:

Technology Transfer Coordinator
Title

DateTUNameONO******************************************************************************

Date

Research Leader
Title

DateName

Area Director
Title

Date

NRRL Non-Patented June 2019

Page 4 of 4--D

Microbiologist
Title

EEXAM
PL

Name

ON

LY

Name

MTA #