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UNIVERSITY POLICY 
SUBJECT: LEGAL SERVICES TITLE: PROVISION OF INCUBATOR FACILITIES
CODING: 00-01-90-55:00 ADOPTED: 02/01/91 AMENDED: 11/15/97

I.        PURPOSE

          To facilitate the provision and use of office and laboratory space for Participants in the Roan
          of UMDNJ incubator program and to establish the distribution of any income accruing to
          the University as a result of the incubator program.

II.      ACCOUNTABILITY

Under the direction of the President, the Vice President for Legal Management shall ensure compliance with this policy. The Director of Patent and Licensing shall implement this policy.
III.     POLICY

         A.    Guidelines:

                1.     Requests for use of office and laboratory space for Participants in the Roan of
                        UMDNJ incubator program shall be directed to the Chairman of the Department
                        and the faculty member or members having suitable space available, with a copy to
                        the Dean.

      2.     If, as a result of accepting a Participant in the Roan of UMDNJ incubator
              program and providing them with facilities, the University receives financial
              benefits from the Participants, or the Participant's company, in the form of
              cash from the sale of stock, dividends or interest, such money is to be
              divided between the University, the school, the department, and the faculty
              member providing the space utilized, according to the formula below in (3).
              Royalties or other monies resulting from the licensing of any University
              intellectual property, to a Participant, or a Participant's company shall,
              however, be excluded from the division in paragraph 3.

     3.     The division of monies received from a Participant or Participant's company
              in the incubator program shall be according to the following formula:
 
              a.    70 percent to the University;

              b.    10 percent to the school or unit providing the facilities to the Participant;

    c.    10 percent to the department providing the facilities;
 
    d.     10 percent to the research funds of the faculty member whose
            laboratory or office space is being shared with the Participant or
            occupied by the Participant;

    e.    if the space available in a department is not currently occupied or
          used by a faculty member the department shall also receive the
          10 percent normally designated for a faculty member's research
           funds;

    f.     if the Participant is housed in space provided directly by the
           University, for example, in the Administration Complex with no
           school or departmental involvement the University will retain all
           monies received; and

    g.    if the space utilized by the Participant is provided directly by the
          school and no department is involved the division shall be only
          between the University and the school with the school receiving
          30 percent.

    4.     If two or more departments, or faculty members, are providing space, any
            monies shall be divided equally between the schools, departments or faculty
            members.

    5.    In the event of any dispute between departments or faculty members as to the
           division of monies the Dean of the school's decision shall be final.

    6.    Since the faculty member(s) may be working in close proximity to the
           Participant it is possible that an interchange of ideas or technical data may
           take place and that joint inventions may result. In such cases the faculty
           member or members shall assign their rights in the invention to the University,
           as required by the Patent Policy. The University may then license its share in
           the joint invention to the Participant or to a third party. In that event, any
           royalties or license fees received by the University shall be divided according
           to the Patent Policy.

    7.    Similarly, the incubator Participant may request a license to existing University
           technology and any royalties or license fees will again be divided according to
           the Patent Policy.


By Direction of the President:

______________________________
Vice President for Legal Management 


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