Agreement Regarding

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University of Wisconsin – Milwaukee Animal Resource Center Space Use Agreement Researcher Name: Date: Protocol No: ARC Billing No.: Welcome to the University of Wisconsin – Milwaukee Animal Resource Center (ARC). Your request to use ARC facility space (“facilities”) entails privileges and responsibilities which are set forth below. 1. Facility use is contingent upon acceptance of all terms of this Agreement, in addition to UWM policies and all appropriate laws and regulations. By signing this Agreement, you are acknowledging that you have read and understood these policies. As recommended by the UWM ARC Policy Committee, the following principles govern the use of ARC Facilities: a. Animal room space is allocated first to mammals and avian species. Aquatic or other species are accommodated only on a space available basis and invertebrate insect species are not permitted. b. Funded research (including research for which funding is pending) is given highest priority. c. Room (space) assignments are based on research needs and the features of the rooms. d. Animal housing and husbandry takes priority over any other use of ARC space. Assignment of rooms or space within rooms in this Agreement is termed “Space”. Space may be reassigned from time to time in order to accommodate the needs of other users in the ARC Facilities. If available Space is not presently being used, then in the future it may be shared in order to accommodate the needs of other users in the ARC Facilities. Reasonable notification of any Space changes will be provided By accepting a Space assignment, you agree to pay all appropriate per-diem and/or tech assistance charges for animal care. A current price list is available at the Animal Care Program website. Amounts due under this Agreement will be charged directly to the billing number noted above. Space may be used only a. For research under an approved UWM Animal Protocol which is in effect at the time Space is first used, and b. As set forth in the Application. Space may not be used for any other purpose. Space may not be assigned to any other person or researcher. Space may be used by members of a research team. Researchers are responsible for any breaches of this Agreement by members of their 2. 3. 4. 5. team; it is the responsibility of the researcher to monitor the behavior of their team. 6. ARC will furnish the services and facilities as set forth in the Application Form. If any special services or equipment are required that the ARC does not normally provide, special arrangements must be made with and approved by the ARC Manager or Coordinator. Outside entities are not allowed to provide services in UWM facilities without proper indemnification and approval. Any charges for special services or equipment are set forth on an Attachment to this Agreement. Researchers certify that they have personally toured and inspected the Space and accept it in its present condition. If the ARC has agreed to supply additional equipment or fixtures in the Space, such equipment or fixtures will remain the property of UWM and be left in place at the conclusion of the use of the Space. Most of the ARC Facilities are shared. Therefore, researchers may be asked to share certain space or equipment within the ARC Facilities. When scheduling or using the Space and the ARC Facilities, researchers must be considerate of their colleagues who also use shared Space or equipment. This Agreement does authorize researchers to make any changes to the Space, including painting, decorating, installation of additional plumbing or electrical services, or construction of partitions. Any modifications require approval by the ARC Coordinator, the Department of University Safety and Assurances (USA) and the Department of Facility Services and must be carried out by UWM authorized personnel. Neither the ARC nor UWM nor any employee or agent of either, shall be liable for a. Any interruption in utility service, interruption in the availability of ARC staff or facilities, or b. The security of equipment or research animals in the ARC Facilities. 11. This Agreement will automatically terminate on the first to occur of the following: At the end date for use of Space as set forth in the Application; The animal protocol noted above is no longer approved; The researcher is requested to vacate the Space; The Animal Care and Use Committee determines that the protocol noted above must be suspended or terminated; or e. A researcher‟s employment at UWM is terminated. 12. Upon termination of the Agreement the researcher shall remove any and all personal equipment and animals as soon as possible, but no case later than 60 days after date of termination as provided above. Failure to do so will indicate that such equipment and animals are abandoned and that the ARC Coordinator may dispose of them at such times and in such manner as the ARC Coordinator deems prudent and effective. The Researcher will be charged for any costs of disposal. Alternatively, the ARC Coordinator may, without compensation to the researcher, retain any such abandoned equipment or animals for use by other researchers. a. b. c. d. 7. 8. 9. 10. 2 13. Any disputes regarding use of the ARC Facilities will be resolved by the ARC Coordinator. If desired or required, the ARC Coordinator will seek recommendations from the ARC Policy Committee, the Director of USA, and the Vice Chancellor for Finance and Administrative Affairs or the Vice Chancellor for Research and Economic Development. Any issues regarding interpretation of this Agreement or its application will be decided by the ARC Coordinator, the Director of USA, the Vice Chancellor for Finance and Administrative Affairs or the Vice Chancellor for Research and Economic Development, as appropriate. This Agreement may not be modified unless it is in written format and is agreed to by signature of the Researcher and the Director of USA, in consultation with the ARC Coordinator, the ARC Policy Committee, the Vice Chancellor for Finance and Administrative Affairs or the Vice Chancellor for Research and Economic Development, as appropriate. Under no circumstances will the Board of Regents of the University of Wisconsin System, on behalf of the University of Wisconsin - Milwaukee, or its employees or agents, be liable for any loss, damage or claim resulting from strikes, lockouts, civil commotion, war, terrorist acts, vandalism, actions by groups supporting „animal rights‟, inability to obtain any service or materials in reasonable quantity or at reasonable cost in the opinion of UWM, disruption of or unavailability of utility services, fire, water, acts of God and any other cause beyond the control of UWM. Researcher is responsible for informing the ARC Coordinator or ARC Manager if there are special research needs which would require limiting access to the Space by ARC personnel. Although good faith efforts will be made to respect limited access requests, extenuating circumstances may arise and if appropriate, ARC personnel who have a need to enter the Space during a period of limited access will have the right to do so. Although the ARC personnel provide routine janitorial and animal care services, Researchers are expected to assist their efforts by maintaining the Space (and other portions of the ARC Facility that are shared) in a reasonably clean condition. If unanticipated, unusual or complicated set-ups, clean-ups or restoration costs are encountered due to the Researchers use, the ARC reserves the right to charge for reimbursement of such costs. If there is damage to the Space, the ARC Facilities, or the building in which the research animals are housed, whether or not the Researcher is at fault, UWM may elect to not rebuild the Space, or to rebuild it in a different configuration or with different attributes, or to relocate the Space, or to terminate this Agreement by giving you written notice of termination. Researcher waives any claims against UWM and its personnel for any damage, cost, loss or third party claim arising out of any such event. UWM provides a secure facility, but no security system is foolproof. Researcher will comply with all security procedures, and Researcher assumes responsibility for any damages arising from any breach of security procedures which s/he may cause. Even though it is a secure facility, UWM and its employees are not responsible for the security of any personal property is brought into or left in the Space or in ARC Facilities. 14. 15. 16. 17. 18. 19. 3 University of Wisconsin – Milwaukee Animal Resource Center SPACE USE AGREEMENT SIGNATURE PAGE Researcher: ____________________________________________ Date: Signature Printed Name Animal Resource Center: _____________________________________________ Date: Signature Name: Title: 4

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