UNIVERSITY OF TEXAS SYSTEM CLEAN ROOM USER AGREEMENT

 

FOR UT SYSTEM USERS

This Clean Room Use Agreement (“Agreement”) is made effective as of ______  ________, ______, between the Board of Regents of The University of Texas System for the use and benefit of The University of Texas _________ (“Customer”) and the Board of Regents of The University of Texas System for the use and benefit of The University of Texas at Dallas (“University”). Whereas, Customer desires to use the Clean Room Lab (“CRL”) facilities and equipment on the terms and conditions set forth herein, and Whereas, the University desires to make its CRL facilities and equipment available on the terms and conditions set forth herein, and Whereas, University has appointed a CRL Director and staff (“CRL Management”) to operate and maintain the CRL in the best interests of University. Therefore, for good and valuable consideration the University and Customer agree as follows:

  • Description of Facilities and Equipment Available for Customer Use.

    • Customer may use those CRL facilities and equipment according to the fees set forth on the attached CRL Facilities and Equipment Fee Schedule (“Fee Schedule”), a copy of which is attached hereto as Appendix B and  made a part hereof, and incorporated herein.  University through CRL Management reserves the right to modify the fees set forth in the Fee Schedule on September 1 of each year or upon 30 days’ notice to Customer. 

    • CRL Management has the sole authority to schedule and reschedule access to CRL facilities and equipment for all users as needed to accommodate existing research contracts and grants. 

    • Customer understands that funded research contracts and grants officially recognized by University’s Office of Sponsored Projects and performed by University faculty will have priority in CRL access.

  • Fees

See Fee Schedule for associated fees. 

    • Customer agrees to fill out a daily log stating the equipment used and duration of usage and provide this usage information to CRL Management upon leaving the CRL each day.

    • Customer agrees to provide payment within 30 days upon receipt of invoice.

    • Customer utilization of or consultation with CRL staff must be pre-approved by CRL Management on a case-by-case basis and in accordance with the Fee Schedule.

  • Compliance with all Rules and Regulations.

     

Customer agrees to abide by all CRL rules and regulations pertaining to the facilities and equipment.  In this regard, Customer acknowledges that it has read and understood the CRL Safety Manual and Operating Procedures (“Safety Manual”) and the CRL Rules (“Rules”); and has read, understood, and signed the Agreement to Follow Laboratory Safety Procedures and Release of Liability (“Release”).  A copy of the Safety Manual, Rules, and Release are attached as a separate document to this Agreement, incorporated herein, and made a part hereof.  Customer understands that Safety Manual and Rules may be updated or modified periodically by CRL Management.  Customer will be given copies of any updated Safety Manual and/or Rules.  Customer acknowledges that upon receipt of these updated versions, the revised Safety Manual and/or Rules will supersede any previous versions and that Customer will have the same duties, obligations and responsibilities in regards to this updated version as to the version attached to this Agreement.

 Customer also agrees to the following:

               a.      Customer agrees to attend a safety training tour of the CRL before beginning use of the lab.    

              b.      Customer agrees to attend any additional safety training required by CRL Management.

              c.      All equipment, facilities, supplies, consumables, chemicals, gasses, or other items provided by Customer must first be reviewed and approved by CRL Management on a case-by-case basis.

              d.      Any modification of CRL equipment or facilities must first be reviewed and approved by CRL Management on a case-by-case basis.

              e.      Customer agrees to follow CRL equipment utilization protocols and housekeeping rules.

              f.      Customer agrees to leave equipment in a condition ready for the next user, in accordance with CRL protocols.

  • Authorized Uses of Facilities.

              CRL facilities may only be used for research and development activities.  In no case may Customer offer for sale any device or product manufactured utilizing CRL facilities.  If University discovers that Customer has sold, offered for sale, or plans to sell any device or product manufactured utilizing CRL facilities, University has the right to immediately bar Customer access to the CRL facilities and terminate this Agreement per the provisions of Section 6.b.

  • List of Persons Authorized by Customer to Use the Facilities.

Customer agrees to furnish CRL Management, upon execution of the Agreement, a list of Customer’s officers, agents or employees authorized to use CRL facilities and equipment on Customer’s behalf (“Customer Users”).  Customer understands that persons not on such list will not be permitted to use CRL facilities or equipment on behalf of Customer unless Customer provides written authorization and an updated list reflecting Customer’s authorization of such person(s).  All persons authorized to use CRL facilities or equipment on behalf of Customer shall be required to read and comply with the Safety Manual and Rules and shall also be required to read and sign a separate Release before using CRL facilities or equipment.  In addition:

    • Access to the CRL is restricted electronically and the Customer Users using the Lab must obtain a UTD “Comet Card” ID to activate the lock.  This lock will record the entry of all users as a method of keeping track of Lab use.

    • At the conclusion of the Customer’s association with UTD, the “Comet Card” must be terminated and released back to the University.

    • All Customer Users agree to be photographed or monitored remotely by video or other electronic means when present in the CLR or the CLR vicinity.

    • Customer Users must follow all parking permit regulations.

    • Customer shall require all its officers, agents or employees authorized to use CRL facilities and equipment on Customer’s behalf to sign a Release and Indemnification Agreement, attached hereto as Appendix A (“Release”).

  • Termination.

    • Either party shall have the right to terminate this Agreement on thirty (30) days’ notice to the other

    • University through CRL Management shall have the right to immediately terminate this Agreement and suspend Customer’s use of CRL facilities and equipment in the event:

  • Customer’s account is more than 30 days past due; or

  • Customer fails to comply with any of the conditions or rules contained in the CRL Safety Manual, Rules, or Release; or

  • Customer fails to comply with the terms of this Agreement; or

  • Customer fails to follow the restrictions on use of the facility described in Section 4; or

  • Customer fails to comply with relevant University policies, rules or procedures. 

Such determination shall be in the sole discretion of CRL Management.

c.     The term of this Agreement is for one (1) year from the date set forth in the first paragraph. The parties may, upon mutual written agreement, extend the term of this Agreement by executing an amendment to this Agreement.

  • Care and Maintenance of Equipment and Facilities.

Customer agrees that in the event it damages any CRL facilities or equipment, Customer will bear the sole financial responsibility for such damage.  Determination of damage and repair costs will be established by CRL Management on a case-by-case basis and communicated to Customer in a timely manner.  Customer agrees to make payment to University to cover damages and/or repairs within fourteen (14) days of receiving cost estimate from CRL Management. 

  • Liability.

To the extent authorized by the laws and Constitution of the State of Texas, Customer shall be fully responsible and liable for any and all demands, claims, suits, damages, losses, liabilities, costs and expenses of any nature whatsoever (including, but not limited to, property damage and loss, bodily injuries, sickness, disease or death), directly or indirectly arising out of or in connection with the use of the CRL. Notwithstanding anything in this Agreement to the contrary, University undertakes no obligation whatsoever for the safety or security of any person, including, but not limited to, Customer, or any of the employees, students, subcontractors, agents, representatives, participants or invitees of Customer.

  • Insurance.

To the extent authorized by the laws and Constitution of the State of Texas, Customer shall procure and maintain, at Customer's sole cost and expense, worker's compensation insurance and any and all other insurance coverage required by law for Customer's use of the CRL. Notwithstanding the requirement in the preceding sentence, Customer shall have the right, at its option, to self-insure against any risk that may be incurred by Customer as a result of its operations under this Agreement. The insurance requirements imposed by this Section 9 shall not in any way negate or otherwise limit Customer's obligations set forth in Sections 8 and 10.

  • Indemnification.

To the extent authorized by the Constitution and the laws of the State of Texas, Customer hereby indemnifies and holds University, harmless against all claims, demands, damages, liabilities, and costs to University that directly or indirectly result from, or arise in connection with any negligence of willful misconduct of Customer, its agents, or employees in performing Customer’s obligations hereunder. To the same extent, University indemnifies and holds Customer harmless against all claims, demands, liabilities, and costs to Customer that directly or indirectly result from, or arise in connection with any negligence or willful misconduct of University, its agents, or employees in performing University’s obligations hereunder.

  • Personal Property.

Customer, not University, is responsible for loss, theft of, or damage to any personal property of Customer or its authorized users, located within the CRL facility or on University property.

  • Limitation on Warranties.

UNIVERSITY HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES CONCERNING CRL EQUIPMENT OR FACILITIES.  UNIVERSITY DOES NOT GUARANTEE THE ACCURACY OF ANY TEST RESULTS CUSTOMER MAY OBTAIN FROM USING CRL EQUIPMENT OR FACILITIES.  UNIVERSITY DOES NOT GUARANTEE THE PROCESSES, MATERIALS, OR OTHER COMPONENTS CUSTOMER MAY UTILIZE. UNIVERSITY DOES NOT GUARANTEE THAT EQUIPMENT WILL BE FUNCTIONAL AT ALL TIMES.  UNIVERSITY DOES NOT GUARANTEE THAT STAFF WILL BE AVAILABLE AT ALL TIMES.

  • General Provisions.

  • Assignment.  This Agreement may not be assigned by Customer without the prior written consent of University.

  • Force Majeure.  University shall not be responsible for any delays or failure to provide access the facilities and equipment due to acts of God, strikes, or other disturbances, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, or other causes of any kind beyond the control of University.

  • Governing Law.  This Agreement shall be governed by the laws of the state of Texas.

  • Entire Agreement.  This Agreement represents the entire understanding of the parties and may not be modified except by written agreement of the parties and supersedes all prior written and/or oral agreements.

  • Severability.  If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect.

  • Notices.  Each notice, request, approval, or demand given or required to be given or obtained pursuant to this Agreement shall be in writing and shall be deemed sufficiently given if deposited in the United States mail, first class, postage prepaid, and addressed to the address of the intended recipient set forth below or to such other address as such party may designate by notice given pursuant to this section:

If to the University:

                                     

                                      For technical matters:

                                      Attention: Robert Wallace

                                      The University of Texas at Dallas

                                      800 W. Campbell Rd., RL 10

                                      Dallas, Texas 75080

                                      For contractual matters:

                                      Attention:  Dr. Calvin Jamison

                                      Senior Vice President for Business Affairs

                                      The University of Texas at Dallas

                                      800 W. Campbell Rd., AD24

                                      Dallas, Texas 75080

                                      and to:

                                      The University of Texas System

                                      Real Estate Office

                                      210 W. 6th

                                      Austin, Texas  78701

                                      Attention:  Executive Director

If to the Customer:

_________________________

_________________________

_________________________

Attention: _________________

 

  • Authority.  The person(s) signing this Agreement on behalf of Customer represents and warrants to University that he/she/they have the legal authority to sign this Agreement on behalf of Customer and to bind Customer to the covenants and conditions of this Agreement.  If the individual/s is/are not so authorized, he/she/they shall be personally liable for Customer’s performance of its obligations under this Agreement. 

  • Customer Officers, Agents, and Employees.  Customer’s officers, agents and employees shall be bound by the same duties, obligations and responsibilities set forth in this Agreement as Customer. 

 ATTACHMENTS TO BE INCLUDED:

 Release and Indemnification Agreement (Appendix A)       

   CRL Facilities and Equipment Fee Schedule (Appendix B)

              CRL Facilities and Equipment “Tool list”

CRL Safety Manual (attached as separate document)

    Agreement to Follow Laboratory Safety Procedures and Release of Liability

      (print out and sign last page (page 23) of safety manual

CUSTOMER TO FURNISH:

List of Customer’s officers, agents, or employees authorized to use CRL on Customer’s behalf

EXECUTED to be effective as of the date specified in the introductory paragraph above.

 

BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM

for the use and benefit of THE UNIVERSITY OF TEXAS AT DALLAS

 

Approved as to Content:

________________________________________________________________________

Dr. Calvin Jamison                                                                                  Date

Senior Vice President for Business Affairs

The University of Texas at Dallas

 

________________________________________________________________________

Robert M. Wallace                                                                                            Date

Director, Clean Room Laboratory

The University of Texas at Dallas

 

Make Payment to:

The University of Texas at Dallas

ATTN: CRL Director

800 W. Campbell Rd., RL10,

Richardson, Texas 75080

Telephone Number: 972-883-6638

Email Address: rmwallace@utdallas.edu

 

CUSTOMER

________________________________________________________________________

Signature                                                                                                             Date

Printed Name:                                                                                                    

Title:

Address:

Telephone Number:

Email Address:


APPENDIX A

Release and Indemnification Agreement

 

INSTITUTION:

The University of Texas at Dallas

800 W. Campbell Rd.

Richardson, TX 75080

PARTICIPANT:

Name: ________________________________

Address: _______________________________

               _______________________________

 

DESCRIPTION OF ACTIVITY:

Access to and use of The University of Texas at Dallas Clean Room Lab

DATE(s): __________________________

I, the above named participant, am eighteen years of age or older and have voluntarily requested to participate/engage in the above Activity. I acknowledge that the nature of the Activity may expose me to hazards or risks that may result in my illness, personal injury or death, and I understand and appreciate the nature of such hazards and risks.

IN CONSIDERATION OF MY PARTICIPATION IN THE ACTIVITY, I HEREBY ACCEPT ALL RISK TO MY HEALTH AND OF MY INJURY OR DEATH THAT MAY RESULT FROM SUCH PARTICIPATION, AND I HEREBY RELEASE THE ABOVE NAMED INSTITUTION, ITS GOVERNING BOARD, OFFICERS, EMPLOYEES AND REPRESENTATIVES FROM ANY LIABILITY TO ME, MY PERSONAL REPRESENTATIVES, ESTATE, HEIRS, NEXT OF KIN, AND ASSIGNS FOR ANY AND ALL CLAIMS AND CAUSES OF ACTION FOR LOSS OF OR DAMAGE TO MY PROPERTY AND FOR ANY AND ALL ILLNESS OR INJURY TO MY PERSON, INCLUDING MY DEATH, THAT MAY RESULT FROM OR OCCUR DURING MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY NEGLIGENCE OF THE INSTITUTION, ITS GOVERNING BOARD, OFFICERS, EMPLOYEES, OR REPRESENTATIVES, OR OTHERWISE. I further agree to indemnify and hold harmless the Institution and its governing board, officers, employees, and representatives from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in the described Activity.

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION FOR MY INJURY OR DEATH OR DAMAGE TO MY PROPERTY THAT OCCURS WHILE PARTICIPATING IN THE DESCRIBED ACTIVITY AND IT OBLIGATES ME TO INDEMNIFY THE PARTIES NAMED FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY MY NEGLIGENT OR INTENTIONAL ACT OR OMISSION.

PARTICIPANT

Signature:          _______________________________________        Date: _____________

Printed name:    _______________________________________

WITNESS

Signature:          _______________________________________        Date: _____________

Printed name:    _______________________________________

 

 

 

                                      User Fee Schedule

UTD Clean Room Laboratory Equipment Fee Schedule - Internal UT System Academic Users
1-Nov-07
Minimum time unit: 1 hour
# Equipment/Service Unit External Customer   Unit Cost Set up Fee Training Fee
1 Access Fee per quarter/user  $           400  $        -    $           -  
2 Staff Technician - Consulting per hour  $             40  $        -    $           -  
3 Staff Technician - Processing per hour  $             40  $        -    $           -  
4 Staff Professional - Consulting per hour  $             40  $        -    $           -  
5 Staff Professional - Processing per hour  $             80  $        -    $           -  
6 Leo Supra 40 SEM per hour/user  $             50  $        50  $         250
7 Veeco AFM - SPM per hour/user  $             50  $        50  $         250
8 Hourly fee - general tool use per hour/user  $             40  $        -    $           -  
9 Laser Writer per exposure  $           150  $        50  $         100
10 LPCVD Deposition (Staff only) per run  $           150  $        50  $           -  
11 Tystar Atm Furnace per run  $           150  $        50  $          50
12 RTA  per hour/user  $             50  $        50  $         100
13 Oerlikon ICP metal etcher per hour/user  $             50  $        50  $         100
14 Oerlikon dielectric / DSE etcher per hour/user  $             50  $        50  $         100
$2000 FEE CAP per user per quarter      

 

 

                                          Daily Lab Log

 

UTD Clean-Room Internal UT System-Academic User Log)
Customer: __________________ User Name: __________________________________
Date: _________ __________________ ________________
Access Fee = $400 / quarter / user  
 
Equipment / Service Hours     1 hr min # of Exposures # of Runs Set up Y/N Training Req Y/N Staff Name
         
Consulting - Professional            
Consulting - Technician            
Processing - Professional            
Processing - Technician            
Leo Supra 40 SEM per hour            
Veeco AFM - SPM per hour            
General tool use / hour            
Laser writer / exposure            
LPCVD Dep (staff only) / run            
Tystar Atm Furnace / run            
RTA / hour / user              
Oerlikon metal etcher / hour            
Oerlikon diel etcher / hour            

 

Updated: 2010-09-10