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nafex - [NAFEX] Non Prop agreement example.

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  • From: Jwlehman@aol.com
  • To: nafex@lists.ibiblio.org
  • Subject: [NAFEX] Non Prop agreement example.
  • Date: Wed, 24 Jan 2007 18:02:05 EST

Hello all,

I'm not a lawyer, but this is an example of a possible Non-Propagation.

Jerry

                                     NON-DISTRIBUTION and TESTING AGREE


AGREEMENT FOR TESTING THE ____(name of material)______________ SELECTED BY _(owner)_________________OF ____(City State)___________________________________.

This agreement is made between__________________________________ and ____________________________________________________________________________.


_______________ is the owner of a new ________________________, hereinafter referred to as the __________________.

____________ desires and agrees to grow the __________________ for testing purposes only, subject to the condition set forth herein and in accordance with other instructions that may be issued by __

THEREFORE, for good and valuable consideration, ______________ hereby grants _________

a non exclusive, limited license to grow for TEST PURPOSE ONLY, the __________________.

______________ covenants and agrees to operate under this agreement and to comply with the following conditions:
1 . The Licensed variety received by___________shall remain the sole and absolute property of __________.

2. Recipient shall not ship, transport, transfer or assign the _______________ to any person or
persons, for any purpose whatsoever.

3. __(tester)____ shall be liable to __(owner)_____ in damage for any breach of this Agreement.


4. ___(tester)_____shall share with ______________ evaluation information derived from this agreement, and shall allow _(owner)________ reasonable opportunity to observe the test tree or trees if requested to do so.

5. The scions of the ___________ will be grafted and grown only on property owned by __(growers full address)____________________________________________.

The acts of ___(owner)__________ and ___(tester)_________ signing this Agreement and ___(Tester)_____________ receiving scions of the ____________________ from _______________, shipped in view of the signed Agreement, are intended by the parties to create a legally binding agreement.


Owner________________________________________________________________________.

Cooperator/tester _______________________________________________________________.



  • [NAFEX] Non Prop agreement example., Jwlehman, 01/24/2007

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