d)
e)
If the Agreement is terminated under Section 12.1.(d), Client relinquishes all rights in and to the Specimen and waives all claims to the Specimen and LifeCell shall have the right at its sole discretion to dispose of the Specimen. However, LifeCell shall continue storing the Specimen with no liabilities to the Client for a period of two years from the date of termination. During this period the Client shall have the option of reviving the Agreement by paying all unpaid fees and a re-enrollment fee.
16.
In the event of multiple births, if the Client desires to engage LifeCell to process, and store the cord blood and/or cord tissue for each Child, the Client must check the appropriate box on the Enrollment Form and pay the additional fees. 17.
If the Agreement is terminated under Sections 12.1.(e) or 12.1.(g) a pro-rated refund of the prepaid storage fees will be made by LifeCell to the Client.
g)
All refunds by LifeCell shall be processed within 30 days of receiving the complete documentation.
13.
ARBITRATION All disputes arising out of or relating to this Agreement will be resolved by arbitration. The arbitration will take place in Chennai, Tamilnadu, India. The Arbitration would be governed by the Arbitration and Conciliation Act, 1996.
14.
GOVERNING LAW AND JURISDICTION
This Agreement is governed by, construed and interpreted in accordance with the laws of India. Courts in Chennai shall have exclusive jurisdiction. 15.
18.
NOTICE
18.1.
Notice to LifeCell must be in writing and delivered to LifeCell International Private Limited, #26, Vandalur Kelambakkam Main Road, Keelakotaiyur, Chennai 600127.
18.2.
Notice to Client will be in writing and delivered to the address set forth in the Enrollment form or as updated by Client to LifeCell.
19.
ENTIRE AGREEMENT This Agreement and the exhibits hereto constitute the entire agreement between LifeCell and Client and supersedes any prior agreements or understandings, oral and written. This Agreement may be modified only by written agreement of Client and Authorised Signatory of LifeCell.
Y
P O C LL
E
C LIFE
20.
SURVIVAL All provisions which by their terms require performance after the termination of this Agreement will survive the termination of this Agreement.
CONFIDENTIALITY; CONSENT TO RELEASE LifeCell acknowledges the confidential nature of the information provided to it and agrees to use its best efforts to maintain the confidentiality of the information except as required by law or as permitted by this Agreement. All confidential information and personal identifiable information shall be kept on secure database with adequate backup measures. Client and, if different, the Birth Mother of the Child hereby agrees to the release of information to the hospital, laboratory or physician providing the services to the Client.
ASSIGNMENT LifeCell may assign this Agreement to any individual or entity providing a similar service. If LifeCell is acquired by or merged with or into another company, LifeCell shall require that the terms of this Agreement continue in full force and effect. LifeCell shall notify the Client within 90 days in the event of any such assignment.
If the Agreement is terminated by LifeCell under Section 12.1.(f), LifeCell shall at its own cost arrange for transfer of Specimen to a comparable stem cell bank facility and pay the new stem cell bank for storing the Specimen for the remaining period of the Agreement. All benefits available under the LifeCell Benefit Program under Clause 8 shall survive for the remaining period of the Agreement.
f)
MULTIPLE BIRTHS
21.
SEVERABILITY If any part of this Agreement is found to be invalid or unenforceable, such provision is deemed modified to the extent necessary to make the Agreement enforceable, and this Agreement shall otherwise remain in full force and effect.
I ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT
Name and Signature of Father/Legal Guardian
Name and Signature of Mother/Legal Guardian
Name of Birth Mother if not Client Signature of Birth Mother if not Client Date:
President, LifeCell International
Client's Initials
Husband's Initials
Birth Mother, if not Client
LifeCell International Pvt Ltd, 26, Vandalur Kelambakkam Main Road, Keelakotaiyur, Chennai - 600 127 | 044 4744 5353 | www.lifecell.in Page 10 of 20