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Tomato Seed Transfer Agreement

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Instructions for Completing the Tomato Seed Transfer 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:

    NC State University
    Campus Box 8210
    Raleigh, NC 27695-8210

  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. Randy Gardner
    Mountain Horticultural Crops Research and Extension Center
    455 Research Drive
    Fletcher, NC 28732
    phone: 828-684-3562
    fax: 828-684-8715
    email: randy_gardner@ncsu.edu

TOMATO SEED TRANSFER AGREEMENT

For NC _______________ Tomato Breeding Line

BETWEEN:

 
and
North Carolina State University
   Campus Box 8210
  Raleigh, NC 27695-8210
   

Under this Agreement and in accordance with its terms and conditions, NORTH CAROLINA STATE UNIVERSITY, ("NCSU"), will transfer seed of NC ___________tomato breeding line (the "Line") to the cooperating tomato breeder, _________________________________ ("CTB"). TERMS OF AGREEMENT:

Under this Agreement and in accordance with its terms and conditions, NORTH CAROLINA STATE UNIVERSITY, ("NCSU"), will transfer seed of NC ___________tomato breeding line (the "Line") to the cooperating tomato breeder, _________________________________ ("CTB").

TERMS OF AGREEMENT:

A. The CTB:

    1. Shall, at its discretion, cross the Line with lines of the CTB's choosing for the purpose of developing experimental F1 hybrids ("the Hybrid(s)").
    2. Shall, at its discretion, evaluate the Line and Hybrids for commercial potential, in accordance with CTB standards.
    3. Must, prior to any sale of Hybrids or Hybrid seeds developed under this Agreement, negotiate with NCSU a licensing agreement to pay royalties of 5% of seed sales for use of NC ____________ in each Hybrid combination where NC ______________ is used as one parent and royalties of 10% of seed sales in cases where both parents are owned by NCSU. Such license shall also include any other mutually agreed upon business terms and conditions.
    4. May not distribute plants, plant parts, seed or pollen from the Line to any third party without written authorization from NCSU.
    5. May not, without a specific, written, signed agreement with NCSU, use the Line or any information pertaining to the Line to seek or obtain patent protection or plant variety rights or any other intellectual property protection for this genotype, or Hybrids with this genotype, either within the United States of America or any country outside the United States of America, and may not authorize any third party to do so.
    6. Must disclose in writing to NCSU, any use of the Line in the development of other breeding lines for use in commercial Hybrid seed production. Designations for newly developed lines or hybrids made from crosses with these other breeding lines do not have to be disclosed to NCSU.
    7. Must provide to NCSU at no charge sufficient seed of CTB developed Hybrids using NC__________ as a parent and proposed for commercial seed sales to allow for NCSU to evaluate Hybrids for commercial potential in North Carolina.

B. NCSU:

    1. Will furnish 1 gram of seed of the Line to the CTB so that the CTB can develop and trial experimental Hybrids to evaluate their potential for commercial use.
    2. May perform replicated yield trials, in observational plots and commercial grower fields at the discretion of NCSU, CTB developed Hybrids with NC _____________ to evaluate their potential for commercial use in North Carolina.
    3. May negotiate separate Hybrid Parental Use Agreements with the CTB to supply seed of NC _______________ for use in production of Hybrid tomato seed for sale when the CTB determines and notifies NCSU in writing that it wants to pursue production of seed for commercial sales.

C. Conditions:

    1. Both NCSU and the CTB have the right to develop new Hybrids resulting from crossing using the Line as a parent, but the CTB's commercialization of any newly developed Hybrid by the CTB is limited to Hybrids developed by CTB and is subject to the royalty provisions of A 3.
    2. Both NCSU and the CTB have the right to develop new inbred lines resulting from selfing or additional crossing using one or more Hybrids as a parent. The new inbred lines will belong solely to the employer of the breeder(s) of those lines and are not subject to the royalty provisions of A 3.
    3. NC _______ may be provided to more than one CTB at a time. The first CTB to make application to NCSU will have the first opportunity to negotiate for exclusive rights to use of NC _________ in hybrid seed production and sales in cases where more than one CTB applies for rights to produce and sell the same Hybrid combination.
    4. NCSU retains all rights, interest, and title to all NC tomato breeding lines provided to the CTB and in all Hybrid lines developed using two NC tomato breeding lines. NCSU and the CTB will jointly own Hybrid lines developed using an NC tomato breeding line and a breeding line owned by the CTB. With regard to any jointly owned breeding lines, as described in the preceding sentence, the parties may exploit those ownership rights on a non-exclusive basis without accounting to the other party.
    5. The terms and conditions as set forth have been read carefully before execution. This Agreement shall be executed in duplicate, but is not be binding on either the CTB or NCSU until signed and accepted by both parties.
    6. This Agreement is governed by and must be interpreted in accordance with North Carolina Law, without reference to its conflict of law 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.
    7. The Material is provided by NCSU on an "as is" basis WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY SORT, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

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

FOR: NORTH CAROLINA STATE UNIVERSITY
BY:     ______________________________
TITLE: ______________________________
DATE: ______________________________

Updated February 16, 2006