| (33) Indirect Costs--the expenses of doing business
that are not readily identified with a particular Grant Award, Grant
Contract, project, function, or activity, but are necessary for the
general operation of the Grant Recipient or the performance of the
Grant Recipient's activities.
(34) Institute--the Cancer Prevention and Research
Institute of Texas or CPRIT.
(35) Institute Employee--any individual employed by
the Institute, including any individual performing duties for the
Institute pursuant to a contract of employment. Unless otherwise indicated,
the term does not include an individual providing services to the
Institute pursuant to a services contract.
(36) Intellectual Property Rights--any and all of the
following and all rights in, arising out of, or associated therewith,
but only to the extent resulting from the Grant Award:
(A) The United States and foreign patents and utility
models and applications therefore and all reissues, divisions, re-examinations,
renewals, extensions, provisionals, continuations and such claims
of continuations-in-part as are entitled to claim priority to the
aforesaid patents or patent applications, and equivalent or similar
rights anywhere in the world in Inventions and discoveries;
(B) All trade secrets and rights in know-how and proprietary
information;
(C) All copyrights, whether registered or unregistered,
and applications therefore, and all other rights corresponding thereto
throughout the world excluding scholarly and academic works such as
professional articles and presentations, lab notebooks, and original
medical records; and
(D) All mask works, mask work registrations and applications
therefore, and any equivalent or similar rights in semiconductor masks,
layouts, architectures or topography.
(37) Invention--any method, device, process or discovery
that is conceived and/or reduced to practice, whether patentable or
not, by the Grant Recipient in the performance of work funded by the
Grant Award.
(38) License Agreement--an understanding by which an
owner of Technology and associated Intellectual Property Rights grants
any right to make, use, develop, sell, offer to sell, import, or otherwise
exploit the Technology or Intellectual Property Rights in exchange
for consideration.
(39) Matching Funds--the Grant Recipient's Encumbered
Funds equal to one-half of the Grant Award available and not yet expended
that are dedicated to the research that is the subject of the Grant
Award. For public and private institutions of higher education, this
includes the dollar amount equivalent to the difference between the
indirect cost rate authorized by the federal government for research
grants awarded to the Grant Recipient and the five percent (5%) Indirect
Cost limit imposed by §102.203(c), Texas Health and Safety Code.
(40) Numerical Ranking Score--the score given to a
Grant Application by the Review Council that is substantially based
on the final Overall Evaluation Score submitted by the Peer Review
Panel, but also signifies the Review Council's view related to how
well the Grant Application achieves program priorities set by the
Oversight Committee, the overall Program portfolio balance, and any
other criteria described in the Request for Applications.
(41) Overall Evaluation Score--the score given to a
Grant Application during the Peer Review Panel review that signifies
the reviewers' overall impression of the Grant Application. Typically
it is the average of the scores assigned by two or more Peer Review
Panel members.
(42) Oversight Committee--the Institute's governing
body, composed of the nine individuals appointed by the Governor,
Lieutenant Governor, and the Speaker of the House of Representatives.
(43) Oversight Committee Member--any person appointed
to and serving on the Oversight Committee.
(44) Patient Advocate--a trained individual who meets
the qualifications set by the Institute and is appointed to a Scientific
Research and Prevention Programs Committee to specifically represent
the interests of cancer patients as part of the Peer Review of Grant
Applications assigned to the individual's committee.
(45) Peer Review--the review process performed by Scientific
Research and Prevention Programs Committee members and used by the
Institute to provide guidance and recommendations to the Program Integration
Committee and the Oversight Committee in making decisions for Grant
Awards. The process involves the consistent application of standards
and procedures to produce a fair, equitable, and objective evaluation
of scientific and technical merit, as well as other relevant aspects
of the Grant Application. When used herein, the term applies individually
or collectively, as the context may indicate, to the following review
process(es): Preliminary Evaluation, Individual Evaluation by Primary
Reviewers, Peer Review Panel discussion and Review Council prioritization.
(46) Peer Review Panel--a group of Scientific Research
and Prevention Programs Committee members conducting Peer Review of
assigned Grant Applications.
(47) Prevention Review Council--the group of Scientific
Research and Prevention Programs Committee members designated as the
chairpersons of the Peer Review Panels that review Cancer Prevention
program Grant Applications. This group includes the Review Council
chairperson.
(48) Primary Reviewer--a Scientific Research and Prevention
Programs Committee member responsible for individually evaluating
all components of the Grant Application, critiquing the merits according
to explicit criteria published in the Request for Applications, and
providing an individual Overall Evaluation Score that conveys the
general impression of the Grant Application's merit.
(49) Principal Investigator, Program Director, or Company
Representative--the single individual designated by the Grant Applicant
or Grant Recipient to have the appropriate level of authority and
responsibility to direct the project to be supported by the Grant
Award.
(50) Product Development Prospects--the potential for
development of products, services, or infrastructure to support Cancer
Research efforts, including but not limited to pre-clinical, clinical,
manufacturing, and scale up activities.
(51) Product Development Review Council--the group
of Scientific Research and Prevention Programs Committee Members designated
as the chairpersons of the Peer Review Panels that review Grant Applications
for the development of drugs, drugs, biologicals, diagnostics, or
devices arising from earlier-stage Cancer Research. This group includes
the Review Council chairperson.
(52) Program Income--income from fees for services
performed, from the use or rental of real or personal property acquired
with Grant Award funds, and from the sale of commodities or items
fabricated under the Grant Contract. Except as otherwise provided,
Program Income does not include rebates, credits, discounts, refunds,
etc. or the interest earned on any of these items. Interest otherwise
earned in excess of $250 on Grant Award funds is considered Program
Income.
(53) Program Integration Committee--the group composed
of the Chief Executive Officer, the Chief Scientific Officer, the
Chief Product Development Officer, the Commissioner of State Health
Services, and the Chief Prevention Officer that is responsible for
submitting to the Oversight Committee the list of Grant Applications
the Program Integration Committee recommends for Grant Awards.
(54) Project Results--all outcomes of a Grant Award,
including publications, knowledge gained, additional funding generated,
and any and all Technology and associated Intellectual Property Rights.
(55) Project Year--the intervals of time (usually 12
months each) into which a Grant Award is divided for budgetary, funding,
and reporting purposes. The effective date of the Grant Contract is
the first day of the first Project Year.
(56) Real Property--land, including land improvements,
structures and appurtenances thereto, excluding movable machinery
and equipment.
(57) Relative--a person related within the second degree
by consanguinity or affinity determined in accordance with §§573.021
- 573.025, Texas Government Code. For purposes of this definition:
(A) examples of an individual within the second degree
by consanguinity are a child, grandchild, parent, grandparent, brother,
sister;
(B) a husband and wife are related to each other in
the first degree of affinity. For other relationship by affinity,
the degree of relationship is the same as the degree of the underlying
relationship by consanguinity;
(C) an individual adopted into a family is considered
a Relative on the same basis as a natural born family member; and
Cont'd... |
