Legal DNA Services Agreement

LEGAL DNA SERVICES AGREEMENT

This Legal DNA Services Agreement (the Agreement) is entered into as of by and between Service Provider Name: with a principal place of business at , and Client Name: with a principal place of business or residence at .

RECITALS

WHEREAS, Provider is engaged in the business of collecting, preserving, analyzing and reporting deoxyribonucleic acid (DNA) specimens using accredited laboratory methods and appropriate chain of custody procedures; and

WHEREAS, Client desires to obtain DNA testing services from Provider for the purpose of ; and

WHEREAS, Provider is willing to provide such services to Client on the terms and conditions set forth herein.

NOW, THEREFORE

In consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement: (a) "Sample" means any biological material provided for testing; (b) "Report" means the written or electronic test results issued by Provider; (c) "Chain of Custody" means the documented process by which Samples are collected, transferred, stored and analyzed to preserve evidentiary integrity; and (d) "Confidential Information" means nonpublic information disclosed by a party that is designated confidential or that reasonably should be understood to be confidential given its nature.

2. SCOPE OF SERVICES

Provider will perform DNA testing services described in an executed test request form and these terms. Services may include sample collection oversight, laboratory analysis, quality control, interpretation and issuance of a Report. Provider represents that Services will be performed in a professional manner consistent with industry standards and any applicable accreditation requirements of the laboratory.

Testing scope: Sample types:

Standard turnaround time: from receipt of properly collected Samples and completed chain of custody forms. Rush services may be available for additional fees and must be agreed in writing.

3. FEES AND PAYMENT

Client shall pay Provider the fees set forth in the applicable test request or invoice. Base fee: $. Additional charges for expedited handling, collection services, travel, legal hold, or court appearances will be invoiced separately.

4. SAMPLE COLLECTION AND CHAIN OF CUSTODY

Samples shall be collected in accordance with Provider's chain of custody procedures. Client authorizes collection by Provider personnel or by an authorized collection agent. Who arranges collection: Provider arranges Client arranges

Client shall ensure that all persons from whom Samples are taken execute any required consent forms. Provider will maintain Chain of Custody documentation and will preserve, store and transport Samples using industry standard procedures. Any irregularities observed during collection or receipt will be documented in the Report or accompanying chain of custody records.

5. REPORTS; ACCESS; USE

Provider will deliver a written or electronic Report to Client or to persons expressly authorized in writing by Client. Delivery method: .

Reports are provided solely for Client's internal use or for the limited third-party recipients authorized in writing by Client. Provider makes no warranty as to the admissibility of Reports in any legal or administrative proceeding; admissibility depends on chain of custody, applicable rules of evidence and other factors beyond Provider's control.

6. DATA RETENTION AND DESTRUCTION

Provider will retain Samples and records for a retention period of unless otherwise directed by Client or required by law. Upon expiration of retention, Provider will destroy Samples and identify destruction method: .

7. CONFIDENTIALITY AND PRIVACY

Genetic information and associated personal data are highly sensitive. Each party shall protect Confidential Information and Personal Data with appropriate administrative, technical and physical safeguards. Provider will use Personal Data only to perform the Services and will not disclose Client's Confidential Information except as required by law or with Client's prior written consent.

Client hereby authorizes Provider to use de-identified genetic data for aggregated research or quality assurance purposes: Consent given Consent withheld

8. OWNERSHIP; LICENSES

Client retains ownership of Personal Data and any individual genetic information. Provider retains ownership of physical Samples unless otherwise agreed in writing. Client grants Provider a nonexclusive, revocable license to use de-identified data as authorized under this Agreement. Any use of identifiable genetic data for secondary purposes requires separate written authorization.

9. REPRESENTATIONS, WARRANTIES AND DISCLAIMERS

Each party represents that it has authority to enter into this Agreement and to perform its obligations. Provider warrants that Services will be performed in a commercially reasonable manner consistent with laboratory standards; except for that warranty, Provider disclaims all other warranties, express or implied, including fitness for a particular purpose and merchantability.

10. INDEMNIFICATION; LIMITATION OF LIABILITY

Client shall indemnify, defend and hold Provider harmless from liabilities arising from Client's breach of representations, from improper sample collection or from misuse of Reports. Provider's total aggregate liability for any claim arising out of or related to this Agreement shall not exceed the total amount of fees paid by Client for the Services giving rise to the claim. Neither party shall be liable for consequential, incidental, punitive or special damages except for willful misconduct or gross negligence.

11. TERM; TERMINATION

This Agreement commences on the Effective Date and continues until completion of the Services unless earlier terminated. Either party may terminate for material breach that remains uncured after 30 days' written notice. Termination shall not relieve Client of payment obligations for Services performed and reasonable wind-down costs.

12. NOTICES

All notices shall be in writing and delivered to the addresses set forth below or to such other address as a party may specify in writing in accordance with this Section.

13. MISCELLANEOUS

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state specified by the parties: , without regard to conflicts of law principles.

Entire Agreement: This Agreement, together with any executed test request forms and attachments, constitutes the entire agreement between the parties with respect to the Services and supersedes all prior understandings and agreements.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: No amendment or waiver shall be effective unless in writing and signed by both parties. A waiver of any breach shall not constitute a waiver of any other breach.

Counterparts; Electronic Signatures: This Agreement may be executed in counterparts and signatures transmitted by electronic means shall be binding.

ADDITIONAL PROVISIONS

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