8.2.
Client assumes all risks associated with the collection, preparation and delivery of the Specimen to LifeCell.
8.3.
Client is aware that banking the Specimen does NOT guarantee that a stem cell transplant would be the first or best course of treatment for any particular disease or for every disease treatable by stem cell transplantation. A medical care provider ultimately decides whether the use of the Specimen is indicated, based on the nature and progression of the disease.
8.4.
Client is aware that the Specimen is being stored for autologous use, and that further processing of the Specimen would be required before use.
8.5.
If an unforeseen circumstance should occur, ownership of the product will be controlled by Client’s estate.
9.
Obligations and Rights to Specimen:
9.1.
Client is solely liable for all of the obligations and responsibilities herein under and shall have all rights of the Client, including control of the Specimen. The exercise of any rights and control over the Specimen will require written notice to LifeCell signed by the Client.
9.2.
Any components that remain after the Specimen is processed and that are not being stored, will be disposed of by LifeCell.
9.3.
Upon termination of this Agreement, if the Client has not submitted to LifeCell a request form for retrieval of Specimen within 30 days of the date of termination, Client shall have relinquished all rights and waives all claims to the Specimen, and LifeCell shall have the right at its sole discretion to utilize, donate for research or dispose of the Specimen.
after LifeCell's receipt of a written request from Client. However if the Specimen is retrieved for use in transplantation, the expanded cells would be available for access or delivery by or before the end of 90th business day after LifeCell's receipt of a written request from Client. 10.3.
The request must be made on a request form provided by LifeCell. This must be signed by the Client, and include provide the name and address of the facility where the Specimen is to be delivered and the date delivery is requested.
10.4.
If the retrieval is requested for a transplant, the request form must be accompanied by transplant physician's certification confirming the end-use. The stored Specimen can only be released for use in Drug Controller General of India and/or Indian Council of Medical Research approved treatments or clinical trials.
10.5.
Free Worldwide Shipment: In the event of a transplant, charges on account of courier/transportation etc., to the designated destination anywhere in the world will be borne by LifeCell. For the purpose of convenience LifeCell has identified a courier company who has the required exper tise in handling the same for proper transportation. The Client may choose this agency for transporting the stored specimen from LifeCell laboratory. The selected courier is not an agent of LifeCell and LifeCell is not liable for any deterioration, loss or destruction of the specimen during transportation to the designated destination.
11.
While LifeCell shall ensure that the preserved Specimen will be maintained with the utmost care, there may be unforeseen events that may occur, which are beyond the reasonable control of LifeCell, that may potentially deteriorate the Specimen held in cold storage premises. In the extremely unlikely occurrence of such event, LifeCell offers up to ` 1,000,000 (Rupees One Million Only) subject to the following conditions:
10. Retrieval of Specimen: 10.1.
There is no fee payable by the Client to LifeCell for retrieval of Specimen. Any additional expenses relating to third party expenses, if any, will have to be borne by the Client.
10.2.
The stored Specimen will be available for access or delivery by or before the end of the 15th business day
11.1.
President, LifeCell International
LifeCell Disaster Relief Program
The Client must be positively diagnosed with any of the hematological malignancies treatable using the stored Specimen, and must be scheduled for a stem cell transplant.
Client’s Signature
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