Contract & Grant Administrator


Contract & Grant Administrator

This is a description of a Staff Position Classification. It is not an announcement of a position opening. To view descriptions of current openings, please go to UNMJobs and Search Postings to view positions that are currently accepting applications.

The following statements are intended to describe, in broad terms, the general functions and responsibility levels characteristic of positions assigned to this classification. They should not be viewed as an exhaustive list of the specific duties and prerequisites applicable to individual positions that have been so classified.

Summary

Provides administrative and technical guidance and support to faculty and staff seeking outside funding for research, public service, and special sponsored institutional projects. Negotiates, administers, extends, terminates, and renegotiates contracts and sub-contracts,as appropriate to the specific position. Researches and interprets relevant regulations, guidelines, and standards, and oversees the processing of contracts and/or grants.

Duties and Responsibilities

  1. Guides and facilitates faculty and staff in the development and preparation of research proposals, contracts, sub-contracts, and agreements, to include budgets, documentation, and interpretation of funding requirements.
  2. Analyzes and evaluates contract and grant budgets for correct calculation of expenditure categories such as salaries, percent of effort, salary adjustment increases, fringe benefits, indirect costs, materials, and equipment.
  3. If in a Central Core Office, serves as a central negotiator and liaison between the University, funding agencies, and contract entities; researches, drafts, and approves formal responses to requests for proposals, quotation, contracts, and agreements.
  4. Analyzes and evaluates awarded proposals, contracts, which may include clinical trial agreements, and subcontracts for compliance with funding agency, federal, state, and university requirements. If in a Central Core Office, prepares required acceptance documentation, and obtains official university signatures; recommends approval or rejection of deviations from contract specifications.
  5. Assists in the formulation of processes and procedures for negotiation of contract and grant pre-awards and post-awards to meet university requirements; researches appropriate federal, state, and local requirements to facilitate compliance by all parties; assists in arbitration and resolution of conflicting interests, as necessary.
  6. Coordinates receipt of awards and contract documentation; maintains proposal and funding records in database systems, and prepares scheduled and special reports, studies and analyses.
  7. Participates and/or assists in special projects, and performs associated administrative duties, as assigned; may provide functional direction to lower level technicians on assigned work.
  8. Performs miscellaneous job-related duties as assigned.

Minimum Job Requirements

  • High school diploma or GED; at least 6 years of experience directly related to the duties and responsibilities specified.
  • Completed degree(s) from an accredited institution that are above the minimum education requirement may be substituted for experience on a year for year basis.

Knowledge, Skills and Abilities Required

  • Ability to make administrative/procedural decisions and judgments.
  • Organizing and coordinating skills.
  • Ability to perform complex tasks and to prioritize multiple projects.
  • Records maintenance skills.
  • Proposal and grant writing skills.
  • Ability to prepare research reports and proposals.
  • Knowledge of federal, state and/or community funding sources and mechanisms.
  • Database management skills.
  • Knowledge of mathematics.
  • Ability to provide technical advice and information to faculty and staff in area of expertise.
  • Negotiation and arbitration skills.
  • Ability to analyze budgetary line items for compliance with budget guidelines.
  • Knowledge and understanding of computer-aided research administration systems.
  • Information research skills.
  • Ability to communicate effectively, both orally and in writing.
  • Knowledge of grant funding policies and procedures and applicable local, state, federal and university regulations.
  • Knowledge and understanding of intellectual property rights laws, guidelines, and policies.

Distinguishing Characteristics

  • Only positions assigned to Main Campus Pre-Award or HSC Pre-Award (Central Core Offices) have delegated signatory authority from the Chancellor for Health Sciences and/or Vice President for Research.

Working Conditions and Physical Effort

  • No or very limited physical effort required.
  • No or very limited exposure to physical risk.
  • Work is normally performed in a typical interior/office work environment.

https://patthomson.net/2017/03/24/surviving-and-maybe-even-thriving-as-a-career-contract-researcher/

Marketing yourself as a researcher

Find out about identifying and marketing the skills you have developed as a researcher

On this page

Enquiries

Careers Servicecareers@bath.ac.uk01225 386009

Introduction

Effective marketing is essential for entering and engaging in a competitive market. This is true whether your aim is to stay in academia or move outside it. Marketing is all about convincing employers that you have the right skills, experience and motivation to fit their needs. To do this, you need to know what you have to offer, understand what the employer wants, and prepare effective marketing materials. Here's how:

  • Knowing you - Know your skills, strengths, values and motivations. See the Find out what you want section of the Careers Service website and carry out an analysis of your skills.
  • Knowing them - research your chosen occupation carefully. You can use the occupational research section of the Careers Service catalogue. Research your target employers, you can use the employer section of the catalogue. Access the resource catalogue. You should also make effective use of networking.
  • Prepare your marketing materials - CVs, cover letters, or application forms, depending on the job you are applying for.

Identifying your research skills

As researchers you develop a very broad skill set, ranging from technical research skills to softer skills such as communication and people management. If you need convincing, map out everything you do as part of your research day-to-day, and then ask yourself 'What skills am I using and how?'

Also, take a look at the list of researchers’ transferable skills below and also the nationally-recognised Researcher Development Framework.

According to a survey, employers value the skills of researchers but do not feel that researchers always effectively articulate the skills they have. Clearly articulating your skills involves:

  • providing concrete examples that demonstrate you have the required skills.
  • not assuming that employers understand what is involved in a PhD / research project.
  • talking about your research skills in language that will resonate with your target employer.

Marketing your research skills

An important aspect of marketing for researchers is to think about how to present your research effectively to employers. How you talk about your research will depend on the type of role and employer you are targeting.

If you are applying for research jobs (and potentially other jobs closely related to your field), you will need to provide details of the content and achievements of your research as well as details of your technical research skills. For academic research jobs you should also include publications and awards and prizes.

For jobs outside of your field or where research is not the primary activity, emphasise the transferable skills gained from the research rather than the content. Use terminology that helps employers understand how your skills are relevant to them; for example, talking about presentation skills rather than lectures, people management rather than teaching, and mentioning publications as part of writing skills.

As far as possible, use phrases given in the job description; this will make it as easy as possible for recruiters to see you have the skills they are looking for.

Skills development

Assessing and developing your skills is an important part of both developing as a researcher and preparing for whatever will follow your PhD or research contract. Review your skills regularly and identify areas for development and action plans. All researchers should review their skills development with their supervisor/research manager on a yearly basis - see the Researcher Development Unit website for more information on this.

Transferable skills

Project management

  • Financial management
  • Understanding financial systems
  • Budgetary control
  • Managing people
  • Understanding the characteristics of an effective team
  • Interpersonal skills within teams
  • Leadership
  • Motivation
  • Team building
  • Skills in delegation and support
  • Planning
  • Planning the work and the allocation of work
  • Planning to avoid peak load problems for support staff
  • Proposal writing
  • Expertise in writing project proposals
  • Quality issues
  • Understanding of quality assurance processes
  • Conducting regular project reviews - including development of ideas
  • Skills in working to deadlines and producing a quality product
  • Understanding the project's purposes
  • Clarity on project context
  • Information/document management
  • Know-how management
  • Construction of databases
  • Document handling

Personal and interpersonal

  • Networking skills
  • Financial management
  • Time management
  • Assertiveness skills
  • Use of information technology
  • Word processing
  • Skills of workload management
  • Stress management skills
  • Managing your supervisor
  • Negotiation and persuasion
  • Communication skills
  • Managing people
  • Team working
  • Managing change
  • Handling the media

Corporate management/business skills

  • Entrepreneurship e.g. business start-up awareness
  • Technology transfer
  • Protection and exploitation of intellectual property rights (IPR)

Research skills

Context

  • Keeping abreast of current developments/future trends in the research domain
  • Maintenance of familiarity with literature and with current practice in the field
  • Awareness of research activities of other people in the centre
  • Awareness of the wider social and political context of the research

Strategic

  • Clarity of thought.
  • Ability to distil out the finding of crucial significance from volumes of research data.
  • Ability to operate across a range of different projects.
  • Ability to generate high profile, authoritative statements on key issues.
  • Developing the ability of staff to apply research methods/concepts to new domains.

Research concepts

  • Research strategies
  • Ethical issues
  • Scientific method - some philosophical considerations
  • Philosophies and issues within research
  • Hypothesis generating and testing
  • The political dimensions of research
  • Ethnographic research
  • Economic models of research

Methods

  • Bibliographic and reading skills
  • Quantitative and IT aspects in research
  • Understanding of how to exploit hierarchical databases and use CD-ROMS
  • Statistical analysis techniques
  • Methodology generating and testing
  • Measurement and experimental design
  • Analysis of data - hard and soft
  • Validation of findings
  • Statistical skills
  • Qualitative and historical aspects in research
  • Working with organisations
  • Design and use of questionnaires
  • Using questionnaires in organisations
  • Survey techniques
  • Case study approaches to research
  • Computer modelling
  • Interviewing and participant observation
  • Field work
  • Survey methods (interviews, questionnaires, case techniques, action research)
  • Econometric methods; psychometric methods
  • Linear and multivariate modelling
  • Association and grouping analysis techniques
  • Qualitative research methods
  • Interviewing skills
  • Knowledgeable about available software for data analysis
  • Acknowledgement of the importance of qualitative skills
  • Survey techniques
  • Enhancement of qualitative skills e.g. awareness of software packages
  • Sound quantitative grasp even if not primarily a quantitative researcher

Dissemination

  • Writing skills
  • Presentation skills
  • Ability to write and present appropriately to different audiences
  • Skills in identifying outlets for publication
  • Networking skills
  • Privacy and cookie policy

Collaborative Research Agreement

What does OSP need to prepare a CRA?

What is the process?

How long will this process take?

Collaborative Research Agreements (CRAs) are contracts between MIT and one or more organizations that are cooperating in the conduct of a research program. These agreements are nearly always requested by outside parties and are only rarely initiated by MIT.

In these agreements, there is generally no transfer of funds between organizations (referred to as a “No Cost Collaboration”). Instead, the agreement describes the actions that each organization has agreed to undertake, and defines the obligations each party has to the others participating in the collaborative research effort.

Collaborative Research Agreements may include terms governing the following:

  • Scope of work to be conducted
  • Management and staffing of the research project
  • Schedules and deliverables
  • Publication of the research results
  • Options to license the intellectual property arising from the research collaboration
  • Care of data and confidential information exchanged during the research
  • Transfer of materials among the collaborating organizations
  • Compliance with export control and other laws and regulations
  • Use of MIT’s name and the collaborator’s name
  • Rights and procedures to terminate the project
  • Taxes, insurance, warranties, liability, governing law, and other items necessary for contracts

The process for drafting, reviewing, and negotiating the CRA can be brief or lengthy, depending upon the complexity of the proposed collaborative program and what the participants expect to obtain from the CRA.

What does OSP need to prepare a CRA?

The OSP contract administrator supporting your department, laboratory, or center needs a proposal, approved by the department, lab, or center, that contains the following:

  1. A statement of work that defines the research activities
  2. Contact information for the individuals at each of the collaborating organizations who will participate in negotiating the CRA
  3. The sources(s) of the funds that MIT will use to conduct its activities in the statement of work

What is the process?

  1. Upon receiving the proposal, the OSP contract administrator will engage a contract specialist from the OSP Non-Federal Agreements Team to work with the PI(s) and collaborating organizations to draft the CRA.
  2. The contract specialist and the representatives of the collaborating organizations will discuss their organizations’ needs and expectations for the collaboration. From these discussions, a draft CRA will be generated. The contract specialist will then negotiate with representatives of the collaborating organizations until a mutually acceptable agreement is produced.
  3. The agreement will be signed by each organization and by an OSP director for MIT.
  4. The OSP contract administrator will then notify the PI and his or her department, laboratory, or center of the terms and conditions of the agreement, and will assist the PI and administrative officer in setting up the collaboration as needed.

How long will this process take?

The length of time to draft a CRA and complete the negotiation can vary widely; it is affected by the complexity of the project and the number of parties to the agreement, as well as by how many areas of disagreement must be resolved through negotiation. Potential complicating factors may include the following:

  • Multiple participating organizations
  • Complex intellectual property terms
  • Requests and requirements by participating organizations that conflict with MIT policies, practices, or organizational structure
  • How quickly and fully each participating organization’s legal counsel responds to OSP’s communications

During the negotiation, the contract specialist may need to consult with other MIT offices, such as the Office of General Counsel and the Technology Licensing Office.

Your contract administrator and contract specialist will update you on the progress of your CRA negotiation.

Where to get help: Contact the OSP contract administrator for your department, laboratory, or center.

Master Research Agreements (MRAs)

A Master Research Agreement (MRA) may be appropriate where a single sponsor intends to fund multiple research projects at the University over a long period of time for specific purposes, but desires an open-ended scale or scope of work for individual projects. In these situations the sponsor commits to funding defined periods of performance for a project pursuant to a detailed statement of work (SOW). However, the terms and conditions are predetermined by the MRA and generally are not subject to re-negotiation, unless under special circumstances; the SOW and any project specific information are attached to the MRA by way of pre-approved form addendum. The MRA is intended to govern the activities of all projects funded under the agreement and sets out the obligations of the parties in funding, payment, background IP disclosures, and conducting the scope of work proposed for any such project.

As an alternative to a MRA, the sponsor and the university can develop a template Sponsored Research Agreement (SRA) with a negotiated set of terms and conditions. This template SRA may then be modified for individual sponsored research projects, thereby speeding up the approval process for new research awards.

Negotiating a MRA is a thorough and deliberate process. The MRA must contemplate contractual terms and conditions applicable over long periods of time and to a diverse set of circumstances. This is especially difficult where future research activities of the sponsor at the University are still under development and specific research topics and projects are, as yet, unknown. In addition, determining how the MRA will be administered can be challenging since the MRA quite possibly will govern research conducted in laboratories, departments, and centers located in various schools across campus.

A for-profit sponsor who wishes to develop a MRA with the University should contact the Office of Industry Engagement (OIE) with the following information:

  • The amount of multi-year funding the sponsor intends to commit in support of the research projects under the MRA;
  • A technical description of the types of research the sponsor is interested in funding under the MRA, along with a list of the laboratories, departments, or centers at the University in which the research may take place; and
  • The name of the PI, laboratory, department, or center at the University who will take the lead as liaison between the sponsor and the various principal investigators for research projects under the MRA.

NOTE: A federal, state, or foundation sponsor should contact the Office of Sponsored Projects to discuss MRAs.


https://www.rocketlawyer.com/legal-forms-business.rl?gclid=EAIaIQobChMIqJrIoKfR4wIVzoCfCh3JaQIXEAMYAiAAEgLM__D_BwE#contracts-agreements

THIS AGREEMENT is effective this _____ day of _____________, 20__ by and between the _____________ , with an office at _______________________ (hereinafter "Recipient") and ___________________ with an office at ________________________ (hereinafter "Sponsor”).

WHEREAS, the parties desire to conduct certain research programs of mutual interest to the parties; and

WHEREAS, such research programs may further the research objectives of Sponsor in a manner consistent with its status as a ______________ institution, and may derive benefits for both Recipient and Sponsor through inventions, improvements or discoveries;

NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto agree to the following:

ARTICLE 1 - DEFINITIONS

As used herein, the following terms shall have the following meanings:

1.1 "Project" shall mean a project described in a fully executed Project Proposal.

1.2 “Project Proposal” shall mean a research proposal which is attached hereto and incorporated herein by reference.

1.3 "Contract Period" will be the period, beginning _________________, 20__ through ______________, 20__, renewable in accordance with the terms hereof, unless earlier terminated pursuant to this Agreement.

1.4 "Sponsor Intellectual Property" shall mean individually and collectively all inventions, improvements or discoveries, whether or not patentable or copyrightable, which are conceived or made solely by one or more employees of Sponsor in performance of the Project during the Contract Period.

1.5 “Joint Intellectual Property" shall mean individually and collectively all inventions, improvements and discoveries, whether or not patentable or copyrightable, which are conceived and reduced to practice jointly by one or more employees of each Party during the term of this Agreement.

1.6 "Recipient Intellectual Property" shall mean individually and collectively all inventions, improvements or discoveries, whether or not patentable or copyrightable, which are conceived or made solely by one or more employees of Recipient in performance of the Project during the Contract Period.

ARTICLE 2 - RESEARCH WORK

2.1 Recipient shall perform each Project in accordance with the terms and conditions of this Agreement.

2.2 In the event that the applicable Project Director ceases to direct the associated Project and a mutually acceptable substitute is not found within 80 days of such cessation, either Recipient or Sponsor shall have the option to terminate said Project.

ARTICLE 3 - REPORTS AND CONFERENCES

3.1 Written program reports describing the results of the applicable Project to date and information regarding the current status and future activities to be undertaken as part of such Project shall be provided by Recipient to Sponsor as required by the applicable Project Proposal, provided that such reports shall in no event be delivered less frequently than quarterly.

3.2 During the term of this Agreement, representatives of Recipient may meet with representatives of Sponsor at times and places mutually agreed upon to discuss the progress and results as well as ongoing plans, or changes therein, of each Project.

3.3 During the term of this Agreement, Recipient agrees to permit representatives of Sponsor to examine at any reasonable time during normal business hours

(i) the facilities where the Project is being conducted,

(ii) associated raw research data, and

(iii) any other relevant information (and to make copies) necessary for the Sponsor to confirm that such Projects are being conducted in conformance with the applicable Project Proposal and in compliance with applicable laws and regulations.

ARTICLE 4 - COSTS, BILLINGS, AND OTHER SUPPORT

4.1 It is agreed that total costs to Sponsor for any Project hereunder shall not exceed the sum set forth in the applicable Project Proposal. Payment shall be made by Sponsor within thirty (30) days of receipt of monthly invoices for actual charges incurred by the Recipient in performance of the applicable Project provided that Recipient is not in breach of this Agreement.

4.2 Recipient shall retain title to any equipment necessary for the conduct of a Project, purchased pursuant to a signed Project Proposal with funds provided by Sponsor under this Agreement.

4.3 In the event of early termination of this Agreement by Sponsor pursuant to this Agreement other than for breach of this Agreement, Sponsor shall pay all costs accrued by Recipient as of the date of termination, including but not limited to reasonable non-cancellable obligations incurred prior to the effective date of termination made pursuant to a fully executed Project Proposal. Project Proposal shall set forth a budget for travel and other out-of-pocket expenses to be incurred pursuant to the applicable Project.

ARTICLE 5 - PUBLICITY

Sponsor will not use the name of Recipient, nor of any member of Recipient's Project staff, in any publicity, marketing, advertising or news release without the prior written approval of an authorized representative of Recipient. Recipient will not use the name of Sponsor, nor any employee of Sponsor, in any publicity, advertising or news release without the prior written approval of Sponsor. Nothing herein shall restrict the Recipient's or Sponsor's right to disclose the existence of this Agreement, the identity of the parties, and the nature and scope of the Project.

ARTICLE 6 - PUBLICATIONS

Sponsor recognizes that the results of a Project achieved by Recipient may be publishable and agrees that researchers at Recipient engaged in the Project shall be permitted to present at symposia, national, or regional professional meetings, and to publish in journals, or otherwise of their own choosing, methods and results of such Project, provided, however, that Sponsor shall have been furnished copies of any proposed publication or presentation at least one month in advance of the submission of such proposed publication or presentation to a journal, editor, or other third party. Sponsor shall have one month after receipt of said copies, to object to such proposed presentation or proposed publication because there is patentable subject matter which needs protection or there is proprietary confidential information of Sponsor in such publication or presentation. In the event that Sponsor makes such objection, said researcher(s) shall refrain from making such publication or presentation for a maximum of four months from date of receipt of such objection in order for Recipient to file patent application(s) directed to the patentable subject matter contained in the proposed publication or presentation. It is understood that the Sponsor may wish to be credited in the publication or publish with the Recipient, as it is appropriate. No such publication shall contain any confidential information of Sponsor, or any results of any Project obtained by Sponsor other than from the Recipient.

ARTICLE 7 - INTELLECTUAL PROPERTY

7.1 Inventorship shall be determined under _________ patent laws.

7.2 All rights and title to Recipient Intellectual Property created pursuant to the Project shall belong to Recipient and shall be subject to the terms and conditions of this Agreement.

7.3 All rights and title to Joint Intellectual Property created pursuant to a Project shall belong jointly to Sponsor and Recipient and shall be subject to the terms and conditions of this Agreement.

7.4 Rights to inventions, improvements and discoveries, whether or not patentable or copyrightable, relating to a Project made solely by employees of Sponsor shall belong to Sponsor. Such inventions, improvements, and discoveries shall not be subject to the terms and conditions of this Agreement.

7.5 Recipient will promptly notify Sponsor of any Recipient Intellectual Property. If Sponsor directs Recipient to file a patent application hereunder or desires to maintain its right to exercise either option (a) or (b) of Section 8.2 below, Sponsor shall retain an independent law firm reasonably acceptable to Recipient to promptly prepare, file and prosecute such patent applications in Recipient's name and shall bear all costs incurred in connection with such preparation, filing, prosecution, and maintenance of patent application(s) for as long as Sponsor retains or exercises its option rights under Section 8. Sponsor and Recipient shall cooperate to assure that such application(s) will cover, to the best of Sponsor's knowledge, all items of commercial interest and importance. While Sponsor shall be responsible for making the day to day decisions regarding the prosecution of such patent applications, the parties must mutually agree on all material decisions regarding the scope and content of application(s) to be filed and prosecution thereof. Sponsor shall promptly supply to Recipient, at Recipient’s request, copies of all papers received and filed in connection with the prosecution thereof in sufficient time for Recipient to comment thereon.

7.6 Each party will promptly notify the other when Joint Intellectual Property is created. Sponsor shall have the right, at its option and expense, and through patent attorneys or agents of its choice, to make all decisions with respect to, and to otherwise control the preparation, filing and prosecution (including any proceedings relating to reissues, reexaminations, protests, interferences, and requests for patent extensions or supplementary protection certificates) of any patent application with respect to any Joint Intellectual Property and to maintain any patents issuing therefrom.

7.7 Sponsor shall ensure that patent attorneys or agents are able and agree not to take any action which would discriminate in favor of Sponsor’s interest in Recipient Intellectual Property or Joint Intellectual Property to the detriment of Recipient’s interests in Recipient Intellectual Property and Joint Intellectual Property in all patent decisions and actions taken pursuant to sections 7.5 and 7.6 above. Sponsor shall not retain patent attorneys or agents if such representatives pose a conflict of interest with respect to the Recipient’s rights in Recipient Intellectual Property and Joint Intellectual Property.

7.8 If Sponsor elects not to exercise its option as described in Section 8.2 below or either party decides to discontinue or refrain from providing the financial support for the prosecution or maintenance of patents or patent applications claiming Recipient Intellectual Property or Joint Intellectual Property, such party shall be deemed to have irrevocably assigned its rights in such patents and patent applications to the other party and such other party shall be free to file or continue prosecution or maintain any such application(s) and to maintain any protection issuing thereon in the __________ (country) and in any foreign country at such other party’s sole expense and all rights in the applicable patent or patent applications shall be transferred to such other party.

ARTICLE 8 - GRANT OF RIGHTS

8.1 Recipient hereby grants Sponsor a royalty-free, non-exclusive license to use Recipient Intellectual Property within its own organization.

8.2 Recipient hereby grants to Sponsor, an exclusive option at Sponsor's sole election, to negotiate for either (a) a non-exclusive, royalty-bearing license to use Recipient Intellectual Property for any purpose, or (b) an exclusive royalty-bearing license with a right to sublicense to Recipient Intellectual Property or (c) an exclusive license to Recipient’s interest in any Joint Intellectual Property. Terms and conditions of these licenses are to be negotiated in good faith and agreed upon between Recipient and Sponsor. Sponsor shall notify Recipient by written notice within 180 days of (I) receiving Recipient’s written notice of the generation of a Recipient Intellectual Property, or (II) in the case of Joint Intellectual Property, agreement of the parties as to the generation of Joint Intellectual Property, whether Sponsor elects to exercise the Option. If Sponsor either (i) elects not to exercise its option or (ii) fails to provide written notice within such 180 day period, then Sponsor shall automatically be deemed to have relinquished any rights it may have to any license described in this Section. If Sponsor provides Recipient written notice of its exercise of the Option, the parties shall exclusively negotiate in good faith, for a period of 180 days, a license to the applicable Recipient Intellectual Property or Joint Intellectual Property on terms consistent with the terms of this paragraph. If, after good faith negotiations, no agreement is reached by the parties within such 180 day period, Recipient shall be free to enter into a license with any third party for any Recipient Intellectual Property subject to Sponsor’s use right in Section 8.1 and to license its rights in such Joint Intellectual Property.

8.3 In the event that Sponsor acquires an exclusive license or right under subsections 8.2 of this Article, the Recipient will retain the right to continue to use any Recipient Intellectual Property and Joint Intellectual Property within the Recipient for research purposes.

ARTICLE 9 - CONFIDENTIALITY AND PUBLICITY

9.1 During discussions leading up to this Agreement, and during the course of performing the Project, it is anticipated that Recipient and Sponsor will learn confidential and/or proprietary information of the other. Parties will keep confidential, and not use, except in connection with the performance of the sponsored research hereunder, any information which is provided in writing and marked as confidential by either party, or if disclosed orally, described in a writing within 30 days after disclosure, including without limitation any information which relates to sponsored research to be performed under this Agreement, any information which either party may acquire with respect to the other party’s business, and any information relating to new products, customers, pricing, know-how, processes, and practices, ("Confidential Information.") The obligations of confidentiality and non-use of Confidential Information shall survive the termination or expiration of this Agreement for a period of five years, unless or until:

(a) such information shall become known to third parties or shall become publicly known through no fault of Recipient, or

(b) such information was already in a party’s possession, as evidenced by written documentation prior to the disclosure of such information to the informing party, or

(c) such information shall be subsequently disclosed to either party on a non-confidential basis by a third party who, to the best of the receiving party’s knowledge, is not under any obligation of confidentiality.

(d) such information is specifically authorized by the informing party, in writing, to be disclosed.

(e) such information is required to be disclosed by applicable law or order of a court of competent jurisdiction in which case the disclosing party agrees to notify the other party of such requirement so that party may take steps to narrow or avoid disclosure.

ARTICLE 10 - TERM AND TERMINATION

10.1 This Agreement shall become effective upon the date first written above and shall continue in effect for the full duration of the Contract Period. Thereafter, the term of this Agreement shall automatically renew for successive one year periods unless either party provides prior written notice to the other party of its desire not to renew the term hereof, which notice must be given at least 60 days prior to the then current term of this Agreement. Company may terminate this Agreement or any Project upon 60 days prior written notice at any time within the contract period.

10.2 In the event that either party commits any breach of or default in any of the terms or conditions of this Agreement, and fails to remedy such default or breach within thirty days after receipt of written notice thereof from the other party, the party giving notice may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party. Such termination shall be effective as of the date of the receipt of such notice.

10.3 No termination of this Agreement, however effectuated, shall release the parties from their rights and obligations accrued prior to the effective date of termination.

10.4 Upon termination of this Agreement or any Project, other than for breach of the terms hereof,, Sponsor shall reimburse Recipient for any amounts Sponsor is otherwise obligated to provide Recipient under the terms hereof, for work on each terminated Project performed by Recipient up to the effective date of termination and for non-cancellable pre-paid expenses reasonably incurred by Recipient in anticipation of its work on each Project.

ARTICLE 11 - INDEPENDENT CONTRACTOR

11.1 Recipient shall be deemed to be and shall be an independent contractor and as such Recipient shall not be entitled to any benefits applicable to employees of Sponsor.

11.2 The parties acknowledges that neither of their employees are employees of the other party and that employees of one party are not eligible to participate in any employee benefit plans of the other party. The parties further acknowledge that neither party nor any of its employees are eligible to participate in any such benefit plans even if it is later determined that any of its employees’ status during the period of this Agreement was that of an employee of the other party. In addition, the parties waive any claims that they may have under the terms of any such benefit plans or under any law for participation in or benefits under any of the other party’s benefit plans.

11.3 Neither party is authorized or empowered to act as agent for the other for any purpose and shall not on behalf of the other enter into any contract, warranty or representation as to any matter. Neither shall be bound by the acts or conduct of the other.

ARTICLE 12 - INSURANCE AND INDEMNIFICATION

12.1 Recipient warrants and represents that Recipient has adequate liability insurance in amounts not less than ___________________ and workers compensation insurance of statutory levels, such protection being applicable to officers, employees, and agents while acting within the scope of their employment by Recipient. Recipient has no liability insurance policy as such that can extend protection to any other person.

12.2 Each party hereby assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof.

ARTICLE 13 - GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of __________________________ and shall be constructed under the laws of __________.

ARTICLE 14 - ASSIGNMENT

14.1 Except as provided in Article 14.2, this Agreement shall not be assigned by either party without the prior written consent of the parties hereto.

14.2 This Agreement is not assignable by either party to this Agreement

ARTICLE 15 - AGREEMENT MODIFICATION

Any agreement to change the terms of this Agreement in any way shall be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of the parties hereto.

ARTICLE 16 - NOTICES

Notices hereunder shall be deemed made if given by registered or certified mail, postage prepaid, and addressed to the party to receive such notice at the address given below, or such other address as may hereafter be designated by notice in writing.

If to Sponsor:

With a copy to:

If to Recipient:

With a copy to:

ARTICLE 17 – COUNTERPARTS AND HEADINGS

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. All headings in this Agreement are inserted for convenience of reference only and shall not affect its meaning or interpretation.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.

Sponsor ________________________ Recipient ________________________

By_____________________________ By______________________________

_______________________________ ________________________________

Typed Name Typed Name

_______________________________ ________________________________

Title Title


Research and development (R&D)

Research and development (R&D) is a valuable tool for growing and improving your business. R&D involves researching your market and your customer needs and developing new and improved products and services to fit these needs. Businesses that have an R&D strategy have a greater chance of success than businesses that don't. An R&D strategy can lead to innovation and increased productivity and can boost your business's competitive advantage.

Developing an R&D strategy

Your R&D strategy depends on the size of your business. In small businesses, R&D tends to focus more on product improvement because of budget and cost limitations. Larger businesses may be able to dedicate more time and resources to R&D to introduce new products as well as improve existing ones. The benefits of R&D are often long-term, so it's important to remember that your investment in it may not result in short-term profits. As well as product development and improvement, R&D can help you develop more efficient processes and new ways of delivering services.

Spending more time and money on R&D does not guarantee it will be successful. The key to successful R&D is extensive market research to identify the needs and desires of your customers. You will need to revisit this research regularly as customer preferences frequently change.

Find out more about researching customers.

Innovation in your business

R&D can lead to innovations in your business. These may be in terms of new products and services, improved processes and new ways to interact with your customers. These innovations can result in greater profits and lower costs. Innovation is also a useful way to grow your business.

Find out about innovation grants and support.

Support for R&D

Once new and improved products have been developed through R&D, businesses often seek to commercialise them so they can be sold on the market. In Queensland, there are a number of support services available to help businesses and researchers commercialise their products, including:

  • the Entrepreneurs' program supports businesses who are interested in R&D with a range of programs designed to stimulate innovation
  • Innovate Queensland - provides advice, solutions and tools to assist business, research organisations and governments state-wide to develop their commercialisation skills

Australian businesses conducting R&D may also be eligible for a tax offset. Find out more about R&D tax incentives, including what you need to do to be eligible.

Also consider...

https://www.google.com/search?rlz=1C1CAFA_enUS644US645&ei=TD07XYnjKqnt5gLH1ZHIBw&q=contract+research+and+development+agreement+template&oq=contract+research+and+development+agreement+t&gs_l=psy-ab.1.1.33i22i29i30l9.1557.8739..11539...1.0..0.100.273.1j2......0....1..gws-wiz.......0i22i30.-ZOUi_GjmTg

R&D