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Extension Agreement for Research by and Between the Regents of the University of California and Brown & Williamson Tobacco Corporation; Philip Morris, Incorporated; R.J. Reynolds Tobacco Company; and U.S. Tobacco Company

Date: 20 Apr 1979
Length: 12 pages
521032934-521032945
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Affected Defendants: B&W, RJR, PMI, UST

Alias
B&W 0045 LB 0045
Scruggs 091
Glantz 1917.06
Type
Contract
Author (Organization)
Brown & Williamson
Philip Morris
R.J. Reynolds Tobacco Co.
Original File
TobDocs1
Named Person
Backlar
Feuerborn
Eveld
Mellinkoff
Edens
Millhiser
Bantle
Smith
Recipient (Organization)
Regents of University of California (UCLA)
Recipient
Cline
Keyword
Joint Funding of Research
Research
UCLA
Harvard
Washington University

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-. o EXTENSION AGREEMENT FOR RESEARCH BY AND BET%~EN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND BROWN & WILLI~SON TOBACCO CORPORATION; PHILIP MORRIS, INCORPORATED; R.J. REYNOLDS TOBACCO COMPANY; AND U.S. TOBACCO COMPANY In 1974, an agreement was entered into between the Regents of the University of California ("UCLA") and various tobacco companies whereby UCLA agreed to develop and implement a five-year, independent and scientifically objective research program. Approximately 50% of the program involves the investi- gation of a possible relationship between tobacco and lung disease. By the terms of the agreement, it will expire on May 31, 1979. However, UCLA and the undersigned sponsoring companies wish to extend the research program for three years (36 months), commencing June i, 1979, through May 31, 1982, as follows: i. The cost of the three-year extension of the program is $1,050,000. The first pay- ment of $350,000 shall be due on June i, 1979, and subsequent payments of $350,000 each will be due on June i, 1980, and June i, 1981. Apportionment of the payments may be made by the sponsoring companies, and each shall be liable only for its proportionate share, as is provided in the original agreement. A copy
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of the extended program budget is attached as Exhibit A and incorporated herein. 2. The last sentence of paragraph I0 of the original agreement is deleted and the following is substituted therefor: "Notwith- standing the above, any official correspondence should be directed to the Office of Contract and Grant Administration, UCLA." 3. The terms of the original agreement, as amended hereby, shall continue to govern the extended research program at UCLA. A copy of the original agreement is attached as Exhibit B. This Extension Agreement shall be dated as of the date the last of the signatories executes it. PRINCIPAL INVESTIGATOR NAME: Martin J. Clinef M.D. UCLA SCHOOL OF MEDICINE TITLE: Prof.f Dept. of Medicine DATE EXECUTED: TITLE: DATE EXECUTED: -2-
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THE REGENTS OF THE UNIVERSITY OF CALIFORNIA NAME: Terence A. Feuerborn TITLE: Director, Office of Contract and Grant Administration DATE EXECUTe.D: F-/- ~Y BROWN & WILLIAMSON TOBACCO CORPORATION PHILIP MORRIS, INCORPORATED SIGNATURE: SIGNATURE: TITLE : TITLE: DATE EXECUTED: DATE EXECUTED: R.J. REYNOLDS TOBACCO COMPANY UNITED STATES TOBACCO COMPANY SIGNATURE: SIGNATURE: TITLE: DATE EXECUTED: -3- TITLE: DATE EXECUTED:
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Martin J. Cline, M.D. Chief, Division of Hematology-Oncology Department of Medicine Unlversity of California at Los Angeles Brown & Williamson Tobacco Corporation Philip Morris, Incorporated R.J. Reynolds Tobacco Company United States Tobacco Company BUDGET FOR THREE-YEAR EXTENSION PERIOD DESCRIPTION YEAR 6 YEAR 7 YEAR 8 Personnel Costs Consultant Costs Equipment Costs Supplies Travel Construction/Renovation $210,000 $220,000 $230,000 6,000 6,000 6,000 40,000 35,000 30,000 83,000 78,000 73,000 6,000 6,000 6,000 5,000 5,000 5,000 TOTAL $1,050,000 350,000 350,000 350,000 EXHIBIT A
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EXHIBIT "B" PROPOSAL AND AGREE~ENT FOR RESEARCH The Regents of the University of California (herein- after referred to as "UCLA") acting by and through the UCLA School of Hedicine at Los Angeles, California, propose to develop and implement a five year independent and scientifically objective research program, involving the study of cancer. A portion of this program, approximately 50%, will involve investigation of a pos- sible relationship between tobacco and lung disease, including cancer. A budget is attached. This proposal will be converted into an agreement upon acceptance by companies which so indicate by signatures of dele- gated representatives at the end of this document. 1. Direct responsibility for the development and ad- ministration of the progrs.m will be in the UCLA School of Medicine. Dr. ~artih J. Cline will be the principal investigator and shall be responsible for the direction and conduct of all research. Researchers shall be 1tee to publish results and data developed in the program at such times and in such a manner as they may elect. 2. The principal investigator will create a scientific committee composed of appropriate leading research scientists who rill provide consultative advice as to program direction and scope. - i-
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3. There presently exists at UCLA School of Medlclne0 under the direction of Dr. ~artin J. Cline, a Division of Medlcal Oncology and Hematology. This prooect will facilitate the ex- pansion of this unit and supplement ongoing research in three ma3or areas: a. Investigation of a possible relationship between tobacco and disease, particularly lung canceY. b. Investigation into means of early detec- tion of cancer with particular emphasis on research into cell culture systems and specific a~tigens. c. Continuing research on therapeutic techniques involving immunotherapy and chemotherapy. 4. The estimated cost for this program is $I,700,000. It is contemplated that the research program described in para- graph 3, above, shall commence officially on June I, 1974. The first payment of $300,000 will be due June i, 1974, and subse- quent payments of $350,000 will be due each June 1 thereafter on an annual basis for the duration of the program. Apportionment of such payments, of course, may be made by the sponsoring com- panies among themselves and while the total financial obligation of sponsoring companies hereunder is $1,700,000, each company shall be liable only for its pro rata share. - 2 -
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5. All project costs are direct, there being no over- head or indirect costs chargeable against this project. UCLA, acting through the principal investigator or a designee, may use monies received hereunder for any appropriate purpose in further- ance of the research. Notwithstanding any other provision here- under, all monies will be expended in furtherance of the program with approximately 50.% being devoted to that portion described in paragraph 3.a. above. 6. Any expenditures chargeable to construction or renovation hereunder shall specifically implement the project. 7. There are no constraints on rebudgeting of funds received under this agrezment, with the following exceptions: a. No funds received hereunder may be used for overhead or indirect expenses. b. No expenditure for construction or renovation of facilities hereunder in excess of a total of $150,000 will be chargeable to this agreement without the prior approval of the principal investigator and the sponsoring companies. c. Rebudgeting, which will result in a reduction greater than 25% of the amount budgeted for personnel, shall require the prior approval of the principal investigator and sponsoring companies. -3 -
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8. The principal investigator shall provide an annual report of program accomplishments and future directions. UCLA will provide an annual report of expenditures to the sponsoring companies, including a description of rebudgeting. Site visits may be arranged by mutual, agreement. 9. UCLA and the sponsors agree that they will not, without the prior written approval of each other, disclose or disseminate any news or press information relative to any specific research performed under this agreement prior to scientific publication or announcement of results. i0. The sponsoring companies may designate an individual or individuals with whom the principal investigator should com- municate, and through whom the companies would communicate with the principal investigator, so as to provide for an orderly flow of communications. Notwithstanding the above, any official correspondence should be directed to the Office of Extramural Support, UCLA. ii. The principal investigator will avoid unnecessary duplication of other research efforts, particularly those funded elsewhere by members of the tobacco industry (such as the pro- jects at Harvard Medical School and Washington University School of Medicine) or by The Council for Tobacco Research--USA. The principal investigator will communicate regularly with the Scientific Director of The Council for Tobacco Research so as to avoid such duplication of research efforts related to projects sponsored by, or to be sponsored by, the Council. The Director will also be kept advised of proposed research to be done concerning possible relationships between tobacco usage and human disease.
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12. No funds in excess of $200,000 which have not been expended or specifically committed for expenditure shall be re- tained past the end of any fiscal year. In computing the excess amount, any such funds carried forward from a prior fiscal year or years shall be included. The amount of funds in excess of that figure shall, at the option of UCLA, be applied as a credit to the next fiscal year or shall be returned to the companies on a proportional basis in accordance with their contributions. 13. Notwithstanding any other provision hereunder, the companies agree that the principal investigator may use a portion of the funds hereunder to pay salaries and related fringe benefits for scientists for a period of up to three years beyond the termination of this project. Such portion of funds shall not exceed one-third of the total shown on the attached budget for personnel costs. The principal investigator mRy use this provision in order to help in acquiring outstanding scientists. This para- graph shall not be used to modify the proportional use of funds for research under paragraph 3.a. 14. In the event Dr. Cllne becomes unavailable prior to the completion of the research progrmm, a substitute principal investigator with tr~inlng, experience and integrity comparable to those of Dr. Cllne will be selected by the University of California, The sponsoring companies' Los Angeles, School of Medicine. -5-
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continued support shall be contingent upon their approving any such substitute principal investigator. 15. As between companies and UCLA hereunder, if an invention is conceived or reduced to practice in connection with performance of this agreement, UCLA shall acquire title to such invention. 16. Title to supplies and equipment purchased with funds received'in connection with this agreement will vest in UCLA. Proposal from" THE REGENTS OF THE UNIVERSITY OF CALIFORNIA THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (~gn) (type) ~c~ o~ ~.m~.~ TITLE" UCLA SCHOOL OF MEDICINE (sign) NAME" Sherman M. Me~linkoff, M.D. (type) TITLE" Dean School of Medicine - 6 -

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