Common use of Annual Royalty Clause in Contracts

Annual Royalty. GROWER also shall pay an Annual Royalty for each variety of Licensed Product at the applicable per cwt rates stated above with respect to each category of the Territory in which the seed was grown. Specialty varieties (see attached Exhibit A & B) are subject to a higher rate. The Annual Royalty must be paid on all sales of Licensed Product seed from the crop year of this Agreement, whether sold within the term of this Agreement or thereafter, and are due within thirty (30) days of each respective sale or transfer date. All Licensed Products sold or otherwise transferred by GROWER shall be presumed to have been sold as seed (unless otherwise demonstrated to PVMI’s satisfaction). This Agreement is subject to all of the terms and conditions stated herein, including those on the following pages 2 through 6, to which GROWER and PVMI expressly agree. GROWER acknowledges and agrees that any additional or modified terms inserted by GROWER are not part of the contract between PVMI and GROWER unless expressly agreed by PVMI in writing. PVMI GROWER: ___________________________________ By: Name: Title: Date: By: Name: Title: Date: PVMI NON-EXCLUSIVE SUBLICENSE AGREEMENT (Grower) Additional Terms and Conditions

Annual Royalty. GROWER also shall pay an Annual Royalty for each variety of Licensed Product at the applicable per cwt rates stated above with respect to each category of the Territory in which the seed was grown. Specialty varieties (see attached Exhibit A & B) are subject to a higher rate. The Annual Royalty must be paid on all sales of Licensed Product seed from the crop year of this Agreement, whether sold within the term of this Agreement or thereafter, and are due within thirty (30) days of each respective sale or transfer date. All Licensed Products sold or otherwise transferred by GROWER shall be presumed to have been sold as seed (unless otherwise demonstrated to PVMI’s satisfaction). This Agreement is subject to all of the terms and conditions stated herein, including those on the following pages 2 through 6, to which GROWER and PVMI expressly agree. GROWER acknowledges and agrees that any additional or modified terms inserted by GROWER are not part of the contract between PVMI and GROWER unless expressly agreed by PVMI in writing. PVMI GROWER: ___________________________________ By: Name: Title: Date: By: Name: Title: Date: PVMI NON-EXCLUSIVE SUBLICENSE AGREEMENT (Grower) Additional Terms and Conditions

Annual Royalty. GROWER also shall pay an Annual Royalty for each variety of Licensed Product at the applicable per cwt rates stated above with respect to each category of the Territory in which the seed was grown. Specialty varieties (see attached Exhibit A & B) are subject to a higher rate. The Annual Royalty must be paid on all sales of Licensed Product seed from the crop year of this Agreement, whether sold within the term of this Agreement or thereafter, and are due within thirty (30) days of each respective sale or transfer date. All Licensed Products sold or otherwise transferred by GROWER shall be presumed to have been sold as seed (unless otherwise demonstrated to PVMI’s satisfaction). This Agreement is subject to all of the terms and conditions stated herein, including those on the following pages 2 through 6, to which GROWER and PVMI expressly agree. GROWER acknowledges and agrees that any additional or modified terms inserted by GROWER are not part of the contract between PVMI and GROWER unless expressly agreed by PVMI in writing. PVMI GROWER: ___________________________________ By: Name: Title: Date: By: Name: Title: Date: PVMI NON-EXCLUSIVE SUBLICENSE AGREEMENT EXHIBIT A (Grower) Additional Terms and ConditionsUniversity of Idaho Potato Varieties)

Annual Royalty. GROWER also shall pay an Annual Royalty for each variety of Licensed Product at the applicable per cwt rates stated above with respect to each category of the Territory in which the seed was grown. Specialty varieties (see attached Exhibit A & B) are subject to a higher rate. The Annual Royalty must be paid on all sales of Licensed Product seed from the crop year of this Agreement, whether sold within the term of this Agreement or thereafter, and are due within thirty (30) days of each respective sale or transfer date. All Licensed Products sold or otherwise transferred by GROWER shall be presumed to have been sold as seed (unless otherwise demonstrated to PVMI’s satisfaction). This Agreement is subject to all of the terms and conditions stated herein, including those on the following pages 2 through 6, to which GROWER and PVMI expressly agree. GROWER acknowledges and agrees that any additional or modified terms inserted by GROWER are not part of the contract between PVMI and GROWER unless expressly agreed by PVMI in writing. PVMI GROWER: ___________________________________ By: Name: Title: Date: By: Name: Title: Date: PVMI NON-EXCLUSIVE SUBLICENSE AGREEMENT EXHIBIT A (Grower) Additional Terms and ConditionsUniversity of Idaho Potato Varieties)

Annual Royalty. GROWER also shall pay an Annual Royalty for each variety of Licensed Product at the applicable per cwt rates stated above with respect to each category of the Territory in which the seed was grown. Specialty varieties (see attached Exhibit A & B) are subject to a higher rate. The Annual Royalty must be paid on all sales of Licensed Product seed from the crop year of this Agreement, whether sold within the term of this Agreement or thereafter, and are due within thirty (30) days of each respective sale or transfer date. All Licensed Products sold or otherwise transferred by GROWER shall be presumed to have been sold as seed (unless otherwise demonstrated to PVMI’s satisfaction). This Agreement is subject to all of the terms and conditions stated herein, including those on the following pages 2 through 6, to which GROWER and PVMI expressly agree. GROWER acknowledges and agrees that any additional or modified terms inserted by GROWER are not part of the contract between PVMI and GROWER unless expressly agreed by PVMI in writing. PVMI GROWER: ___________________________________ By: By: Name: Name: Title: Title: Date: By: Name: Title: Date: PVMI NON-EXCLUSIVE SUBLICENSE AGREEMENT (Grower) Additional Terms and Conditions