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Department of Horticultural Science	Fresh Market Tomato Breeding Program Dilip R. Panthee, Ph.D. Tomato Breeder and Assistant Professor Horticultural Science Randolph G. Gardner, Ph.D., Professor Emeritus

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Hybrid Parental Use Agreement

PDF format - Please download and use this printer-friendly form for submitting your hybrid parental use agreement request.
You will need the free Adobe Reader program to view and print the Adobe PDF formatted version.

Instructions for Completing the Hybrid Parental Use Agreement

1. Complete two copies of the Agreement. Requests for more than one line can be listed on the same form.
2. Sign both copies.
3. Send both copies to:

   Address for US Postal Service	OR	Address for FedEx or Other Carrier
   Office of Technology Transfer Campus Box 8210 North Carolina State University Raleigh, NC 27695-8210		Office of Technology Transfer North Carolina State University Corporate Research I 1021 Main Campus Drive Raleigh, NC 27606

4. For additional information on the Agreement:

   Phone: 919-515-7199
   Fax: 919-515-3773

5. For additional information about the tomato seed contact:

   Dr. Dilip Panthee
   Dr. Randy Gardner
   Mountain Horticultural Crops Research and Extension Center
   455 Research Drive
   Mills River, NC 28759
   Phone: 828-684-3562
   Fax: 828-684-8715
   Email: dilip_panthee@ncsu.edu
   Email: randy_gardner@ncsu.edu

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F₁HYBRID PARENTAL USE AGREEMENT

For NC _______________ Tomato Breeding Line

BETWEEN:

Company Name:		and	North Carolina State University
Street / PO Box:			Office of Technology Transfer
City, State, Zip:			Campus Box 8210
Contact Name:			Raleigh, NC 2795-8210
Contact Email:			Telephone: 919.515.7199
Telephone:			Fax: 919.515.3773
Fax:

NORTH CAROLINA STATE UNIVERSITY, ("NCSU"), grants to ________________, (" Company"), an exclusive license for use of NC _____________ as a parental line in production of the F₁ hybrid ____________________________.

TERMS OF AGREEMENT:

A. The Company:

1. Will increase and maintain seed of NC __________ used in the production of ___________.
2. Must insure that seed, plant parts, or fruit of NC ___________ are not distributed to any third party without written authorization from NCSU.
3. May not use NC ___________ or any related information pertaining to this line to seek or obtain patent protection or plant variety rights or any other intellectual property protection for this genotype, or F₁ hybrids with this genotype, either within the United States of America or any country outside the United States of America, nor may the Company allow any third party to do so.
4. Will pay a royalty of 5% of the total seed sales of F₁ hybrid tomato ___________________. The royalty will be paid annually by January 31 for all seed sales for the previous calendar year Payment must be made to the North Carolina Foundation Seed Producers, Inc. (NCFSPI).
5. Must make available to NCSU upon request and during reasonable business hours its records on production and sales of hybrid tomato seed of ________.
6. Understands and agrees that any additional F₁ hybrids using NC _____________ as a parent will require a separate agreement from NCSU for commercial seed production and sales for each hybrid.

B. NCSU:

1. Grants to the Company an exclusive license for the use of NC ___________ as a parental line for seed production of ___________________.
2. Releases NC _______________________ to all legitimate commercial entities who negotiate written agreements with NCSU to use it for development, seed production, and sales of approved F₁ hybrid combinations.
3. Will, to the extent reasonably possible, maintain the confidentiality of information that is 1) reduced to writing and marked by the Company as the Company's proprietary and confidential information and 2) which pertains to the use of NC ____________as a parental line and seed sales for hybrid tomato ___________. NCSU's confidentiality obligations, as set forth in this paragraph 3, do not apply to any information, knowledge, data and/or know-how which is:

(a) already known to the receiving party at the time of the disclosure;
(b) publicly known without the wrongful act or breach of this agreement by the receiving party;
(c) rightfully received by the receiving party from a third party on a non-confidential basis;
(d) subsequently and independently developed by employees of the receiving party who had no knowledge of the INFORMATION by written records;
(e) approved for release by written authorization of the disclosing party;
(f) required to be disclosed by law, e.g., the NC Public Records Act (GS Chapter 132), or judicial action.

C. Conditions:

1. This Agreement is effective as of ___________, and remains in effect for a period of five (5) years, unless earlier terminated under items C-2 or C-3 below.
2. The Company may terminate this Agreement at any time on thirty (30) days written notice to NCSU. Upon termination under this provision, the Company must stop seed production and must pay royalties on all seed sold and all seed on hand at the termination date.
3. If the Company materially breaches any of its obligations under this Agreement, NCSU may terminate this Agreement immediately upon giving written notice to the Company.
4. The terms and conditions as set forth have been read carefully before execution. This Agreement shall be executed in duplicate, but shall not be binding on either party until signed and accepted by both parties.
5. This Agreement is governed by and must be interpreted in accordance with North Carolina Law, without reference to its conflict of laws provisions. All litigation arising out of this Agreement, its interpretation or performance must be in Wake County Superior Court or in the US District Court for the Eastern District of NC, and the parties consent to the jurisdiction of those courts.

AGREEMENT APPROVAL:
FOR COMPANY: ________________________
BY:     _______________________________
TITLE: _______________________________
DATE: _______________________________

FOR: NORTH CAROLINA STATE UNIVERSITY
OFFICE OF TECHNOLOGY TRANSFER
BY: _________________________________
TITLE: ______________________________
DATE: ______________________________

FOR: NORTH CAROLINA AGRICULTURAL RESEARCH SERVICE
BY: _________________________________
TITLE: ______________________________
DATE: ______________________________

CONCURRED BY:
The North Carolina Foundation Seed Producers, Inc.
8220 Riley Hill Road, Zebulon, NC 27597

BY:___________________________________
DATE:_________________________________

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NCSU Agreement #______ MA

Updated March 30, 2010