140 lines
8.1 KiB
Markdown
140 lines
8.1 KiB
Markdown
# Consultation Agreement — Extended-Dose Pack Study (MOU, Final)
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Executed on this ___ day of ________ 2026 at Pune, Maharashtra.
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## Parties
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**Party of the First Part:** Chest Research And Training Private Limited ("CREST"), a company incorporated under the Companies Act, 2013, registered office at Pune, India (includes successors and permitted assigns).
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**Party of the Second Part:** Dr. ______________________, aged ___ years, residing at ______________________, Registration No. ______________________, registered with the ______________ Medical Council, PAN No. ______________, GSTIN (if applicable) ______________ (the "Consultant" or "Physician"; includes legal representatives, heirs, executors, administrators, and permitted assigns).
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CREST and the Physician are individually a "Party" and collectively the "Parties".
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## Recitals
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- CREST has been engaged by Cipla Limited ("Sponsor") to conduct an independent physician opinion survey titled **"Physicians' Perceptions of the Impact of an Extended-Dose Pack versus Regular Pack on Adherence to Inhaled Maintenance Medication in Asthma and COPD: A Cross-Sectional Survey"** to collect professional medical opinions from practicing physicians.
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- The study is intended solely to obtain independent professional opinions through a structured online questionnaire for research, scientific, educational, and analytical purposes, and does not involve promotion, endorsement, or prescription of any pharmaceutical product.
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- The Consultant is a duly qualified and registered medical practitioner with the requisite qualifications, experience, and expertise.
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- The Consultant has voluntarily agreed to participate and provide independent professional opinions per this Agreement.
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## 1. Purpose
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1.1 CREST appoints the Consultant on a non-exclusive basis to participate in the physician opinion survey.
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1.2 The Consultant accepts and agrees to provide independent professional opinions strictly in accordance with this Agreement.
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## 2. Scope of Services
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The Consultant shall:
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a. Participate in the physician opinion survey.
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b. Complete the online questionnaire of approximately 15–20 questions.
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c. Respond based solely on independent professional knowledge, experience, and clinical judgment.
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d. Provide truthful, complete, and unbiased responses.
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e. Submit the completed questionnaire within the timeline communicated by CREST.
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## 3. Obligations of the First Party
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1. Provide the Second Party with the survey questionnaire and necessary instructions.
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2. Conduct the survey in accordance with applicable laws and ethical standards.
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3. Pay the agreed honorarium, along with applicable GST (if any), subject to statutory deductions.
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4. Provide reasonable support for completion of the survey.
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## 3A. Obligations of the Second Party
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1. Complete the survey honestly, independently, and within the prescribed timeline.
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2. Maintain confidentiality of all study-related information.
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3. Comply with applicable laws and professional ethics, and obtain necessary approvals if required.
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4. Disclose any conflict of interest that may affect participation.
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5. Acknowledge that the honorarium is solely for professional consultation and not for promoting or prescribing any product. The Consultant shall provide independent professional opinion.
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6. The Consultant is under no obligation to provide favourable opinions regarding any pharmaceutical product.
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## 4. Term and Termination
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4.1 Commences on the Effective Date and remains valid until completion of the survey and payment of the honorarium, unless terminated earlier.
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4.2 Either Party may terminate by written notice if:
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a. the other Party commits a material breach and fails to cure it within fifteen (15) days;
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b. continuation becomes unlawful;
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c. the study is withdrawn or cancelled.
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Where the Consultant has substantially completed the agreed services before termination, CREST may, at its discretion, pay the honorarium on a proportionate basis.
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## 5. Consideration
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5.1 Subject to satisfactory completion of the survey, CREST shall pay a professional honorarium of **Rs. 15,000/- (Rupees Fifteen Thousand only)**.
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5.2 Payment shall be made within 15 days from completion of the survey and receipt of all necessary documents.
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## 6. Consultant's Representations
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The Consultant represents and warrants that:
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6.1 He/she is duly qualified and registered with the appropriate Medical Council.
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6.2 Participation is voluntary.
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6.3 Responses shall represent his/her own independent views.
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6.4 Participation does not violate any employment contract, hospital policy, or applicable law.
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6.5 Necessary approvals from his/her employer, if required, have been obtained.
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## 7. Confidentiality
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7.1 The Consultant shall maintain strict confidentiality regarding: a. Study protocol; b. Questionnaire; c. Study documents; d. Data received; e. Findings; f. Sponsor identity, if designated confidential; g. Any proprietary information shared by CREST.
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7.2 The Consultant shall not disclose confidential information without prior written consent, except where required by law.
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## 8. Data Privacy
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8.1 The Consultant consents to CREST collecting, storing, processing, and using personal information solely for conducting the study, making payments, statutory compliance, audit, and publication purposes.
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8.2 CREST shall process personal data in accordance with applicable Indian data protection laws.
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8.3 Survey responses may be anonymized and aggregated before analysis or publication.
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## 9. Intellectual Property
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9.1 All questionnaires, study protocols, databases, reports, publications, statistical analyses, and study documents remain the exclusive property of CREST and/or the study sponsor.
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9.2 The Consultant shall not claim ownership over the study materials.
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9.3 The Consultant shall not publish or distribute the questionnaire or study results without prior written approval from CREST.
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## 10. Conflict of Interest
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The Consultant shall disclose any actual or potential conflict of interest that may affect participation in the study.
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## 11. No Promotional Activity
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The Consultant acknowledges that:
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a. The engagement is purely for obtaining scientific and professional opinions.
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b. The Consultant is not engaged to market, advertise, promote, prescribe, recommend, or endorse any pharmaceutical product.
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c. Participation shall not influence the Consultant's clinical judgment or prescribing practices.
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## 12. Indemnity
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12.1 The Consultant shall indemnify CREST against losses arising from: a. breach of this Agreement; b. fraudulent or misleading information furnished by the Consultant; c. violation of applicable laws by the Consultant.
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12.2 CREST shall not be responsible for any independent professional opinion expressed by the Consultant.
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## 13. Force Majeure
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Neither Party is liable for delay or failure in performance resulting from events beyond reasonable control, including acts of God, pandemics, governmental restrictions, strikes, war, cyberattacks, or natural disasters.
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## 14. Dispute Resolution
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14.1 The Parties shall first try to resolve disputes through good-faith discussions.
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14.2 If unresolved within thirty (30) days, the dispute is referred to arbitration under the Arbitration and Conciliation Act, 1996.
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14.3 Arbitration is by a sole arbitrator appointed by the Party of the First Part. Seat and venue: Pune, Maharashtra. Language: English.
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## 15. Miscellaneous
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15.1 No amendment is valid unless in writing and signed by authorised representatives of both Parties.
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15.2 Neither Party may assign its rights or obligations without the other's prior written consent.
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15.3 Nothing herein creates a partnership, agency, employment, or service-provider relationship.
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15.4 This Agreement is the entire understanding between the Parties on its subject matter and supersedes all prior discussions, negotiations, and correspondence.
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## Signatures (IN WITNESS WHEREOF)
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**For CREST Private Limited**
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Authorized Signatory — Name: ______ | Designation: ______ | Signature: ______ | Date: ______
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**Consultant / Physician**
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Dr. ______ | Medical Registration No.: ______ | PAN: ______ | GSTIN (if applicable): ______
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Bank Details — Bank Name: ______ | Account Holder: ______ | Account Number: ______ | IFSC: ______
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Signature: ______ | Date: ______
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