BY AGAROSE GEL
ELECTROPHORESIS.
ARTICLE 2 - PROTOCOL AND RESEARCH
2.1
RESEARCH MANAGEMENT.
THE STUDY WILL BE
COORDINATED BY DR. NAZNEEN AZIZ AT INTERLEUKIN AND IN COLLABORATION WITH
DR. CHRISTOPHER STILL AND DR. GLENN GERHARD AT GEISINGER (EACH AN
"INVESTIGATOR").
AS DESCRIBED IN THE PROTOCOL, DR. CHRISTOPHER STILL IS THE
GEISINGER PRINCIPAL INVESTIGATOR.
EACH INVESTIGATOR WILL ENSURE THAT THE STUDY
IS PERFORMED IN ACCORDANCE WITH THE PROTOCOL, AND WILL USE COMMERCIALLY
REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE STUDY RESULTS.
2.2
PROTOCOL.
THE PARTIES WILL PERFORM THE STUDY
IN ACCORDANCE WITH THE PROTOCOL AND THIS SECTION 2.2 AND IN ACCORDANCE WITH ALL
APPLICABLE LAWS AND STANDARDS (AS DEFINED IN SECTION 2.5).
THE PROTOCOL MAY BE
MODIFIED FROM TIME TO TIME DURING THE TERM BY THE MUTUAL WRITTEN CONSENT OF BOTH
PARTIES.
EACH OF INTERLEUKIN AND GEISINGER HEREBY UNDERTAKES TO USE REASONABLE
EFFORTS TO CARRY OUT ITS RESPECTIVE OBLIGATIONS UNDER THE PROTOCOL, COMPLYING
WITH STANDARDS OF CARE ASSOCIATED WITH CUSTOMARY INDUSTRY STANDARDS.
(A)
AS PART OF THE STUDY, INTERLEUKIN SHALL BE
EXPRESSLY PROHIBITED FROM (I) RESEARCHING RESTRICTED BIOMARKERS,
(II) RESEARCHING DESIGNATED BIOMARKERS IN THE RESTRICTED STUDY FIELD,
(III) CONDUCTING RESEARCH WITH OR ON RESTRICTED TECHNOLOGY USING THE SAMPLES
AND/OR CLINICAL CONTENT CONDUCTING RESEARCH BEYOND THE SCOPE OUTLINED IN THE
PROTOCOL.
(B)
IF AUTHORIZED SIGNERS OF BOTH PARTIES AGREE
BY MEANS OF AN AMENDMENT TO THIS AGREEMENT IN WRITING DURING THE TERM TO CONDUCT
COLLABORATIVE RESEARCH WITH RESTRICTED BIOMARKERS, THEN INTERLEUKIN AND
GEISINGER SHALL BE PERMITTED AS PART OF THIS STUDY TO ENGAGE IN RESEARCH
ACTIVITIES UNDER THIS PROTOCOL AND USE OF SAMPLES AND CLINICAL CONTENT TO
RESEARCH THOSE RESTRICTED BIOMARKERS THAT HAVE BEEN DESIGNATED BY THE AUTHORIZED
SIGNERS AS "APPROVED RESTRICTED BIOMARKERS" AS DEFINED IN ARTICLE 1.11.
Portions of this Exhibit were omitted and have been filed separately with the
Secretary of the Commission pursuant to the Company's application requesting
confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934,
as amended.
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2.3
STUDY RESULTS.
EACH AGENT, STAFF MEMBER OR
EMPLOYEE OF EITHER PARTY WHO PARTICIPATES IN THE CONDUCT OF THE STUDY WILL KEEP
ACCURATE SCIENTIFIC RECORDS RELATING TO THE STUDY, WHICH RECORDS WILL BE
SUFFICIENT TO DOCUMENT ALL STUDY RESULTS AND ALL STUDY TECHNOLOGY DISCOVERED
UNDER THE STUDY, AND WILL MAKE SUCH RECORDS AVAILABLE TO THE OTHER PARTY DURING
NORMAL BUSINESS HOURS UPON REASONABLE WRITTEN NOTICE.
2.4
INFORMED CONSENT.
TO THE EXTENT REQUIRED BY
AND IN ACCORDANCE WITH APPLICABLE LAWS AND STANDARDS:
(A) GEISINGER HAS
OBTAINED INFORMED CONSENT IN WRITING FROM EACH INDIVIDUAL WHO PROVIDED SAMPLES
AND/OR CLINICAL CONTENT PRIOR TO THE COLLECTION OF A SAMPLE OR CLINICAL CONTENT
FROM THAT INDIVIDUAL, WHICH INTERLEUKIN AGREES IS IN A FORM REASONABLY
ACCEPTABLE TO INTERLEUKIN, AND (B) EACH INDIVIDUAL THAT PROVIDED SAMPLES AND/OR
CLINICAL CONTENT WAS AWARE THAT THEIR SAMPLES AND ASSOCIATED CLINICAL CONTENT
COULD BE USED FOR RESEARCH PURPOSES.
2.5
COMPLIANCE WITH LAWS.
EACH PARTY AGREES THAT
IT WILL COMPLY WITH ANY AND ALL LAWS, RULES, REGULATIONS, AND LICENSING
REQUIREMENTS THAT ARE NOW OR HEREAFTER PROMULGATED