BROWNSTEIN_MARICOPA_DUA_AMD2_V1.1_PE.PDF

DocuSign Envelope ID: E62E5481-F313-459A-AB6E-73B2A9FE50F4
C-86-18-040-3-01
AMENDMENT NO. 2 TO DATA USE AGREEMENT FOR RESEARCH
THIS AMENDMENT NO. 2 TO DATA USE AGREEMENT FOR RESEARCH (“Amendment
No. 2”) effective as of the date of the last duly authorized signature below (the “Amendment No.
2 Effective Date”), by and between The Children’s Hospital Corporation d/b/a Boston
Children’s Hospital, with a principal address at 300 Longwood Avenue, Boston, MA 02115
(“BCH”) and Maricopa County by and through its Department of Public Health (“SITE”)
amends the Data Use Agreement for Research dated as of December 21, 2017. BCH and SITE
are each referred to herein individually as a “Party” and collectively as the “Parties”.
Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in
the Agreement (as defined below).
WHEREAS, BCH and SITE entered into that certain Data Use Agreement for Research
dated December 21, 2017 (the “Agreement”);
WHEREAS, the Agreement will expire on December 28, 2020, as amended on December
28, 2018; and
WHEREAS, the Parties desire to amend the Agreement to extend the Term to December
28, 2022.
NOW, THEREFORE, in order to accommodate the changes described above, the Parties
hereby agree as follows:
1. Section 8 of the Agreement is hereby amended and restated in its entirety as follows:
This AGREEMENT shall become effective on the EFFECTIVE DATE of the
AGREEMENT and shall continue in effect until December 28, 2022, unless the Parties
agree to expressly amend the date of the Agreement’s Termination. Upon completion of
the AGREEMENT, DATA shall be either destroyed or returned to SITE.
3. Except as expressly amended hereby, the Agreement shall remain unmodified and in full
force and effect. The execution, delivery and effectiveness of this Amendment No. 2 shall
not operate as a waiver of any right, power or remedy of the Parties, nor constitute a waiver
of any provision of the Agreement.
4. This Amendment No. 2 may be executed in any number of counterparts, each of which
shall be an original instrument and all of which, when taken together, shall constitute one
and the same agreement.
5. The AGREEMENT (including all Appendices attached thereto) and this Amendment No.
2 constitute the entire agreement and understanding between the Parties and supersedes
any prior or contemporaneous negotiations, representations, agreements, understandings,
or arrangements of any nature or kind relating to the subject matter of the Agreement.
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DocuSign Envelope ID: E62E5481-F313-459A-AB6E-73B2A9FE50F4
C-86-18-040-3-01
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DocuSign Envelope ID: E62E5481-F313-459A-AB6E-73B2A9FE50F4
C-86-18-040-3-01
Executed as of the Amendment No. 2 Effective Date.
SITE THE CHILDREN’S HOSPITAL
CORPORATION
By: _____________ By:
Name: Jessica R. White, DrPH, MS, MLS, CPH Name: August Cervini
Title: VP, Research Administration
Title: Epidemiology & Data Services Manager 1/11/2021
ACKNOWLEDGED AND ACCEPTED:
By BCH INVESTIGATOR:
By:
Name: John Brownstein, PhD
1/11/2021
IN WITNESS WHEREOF, the parties agree to enter into this agreement:
FOR AND ON BEHALF OF
MARICOPA COUNTY
By:
Name:
Title: Chairman, Maricopa County Board of Supervisors
Date:
ATTEST:
By:
Clerk of the Board
Date:
APPROVED AS TO FORM:
By:
Attorney for Maricopa County
Date:
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