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. If GROWER demonstrates to PVMI's satisfaction that Licensed Product seed is not being sold by GROWER as seed but instead to non- seed/commercial markets, GROWER shall also pay PVMI an Annual Royalty on 10% of the total cwt sold to non- seed/commercial markets at the applicable per cwt rates stated above with respect to each category of the Territory in which the seed was grown. This Agreement is subject to all of the terms and conditions stated herein, including the Additional Terms and Conditions on the following pages, 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 to by PVMI in writing. POTATO VARIETY MANAGEMENT INSTITUTE, INC. GROWER: Signature: Name: Title: Date: Signature: Name: Title: Date: PVMI NON-EXCLUSIVE SUBLICENSE AGREEMENT (Canadian Seed 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. If GROWER demonstrates to PVMI's satisfaction that Licensed Product seed is not being sold by GROWER as seed but instead to non- non-seed/commercial markets, GROWER shall also pay PVMI an Annual Royalty on 10% of the total cwt sold to non- non-seed/commercial markets at the applicable per cwt rates stated above with respect to each category of the Territory in which the seed was grown. This Agreement is subject to all of the terms and conditions stated herein, including the Additional Terms and Conditions on the following pages, 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 to by PVMI in writing. POTATO VARIETY MANAGEMENT INSTITUTE, INC. GROWER: ___________________________________ Signature: Name: Title: Date: Signature: Name: Title: Date: PVMI NON-EXCLUSIVE SUBLICENSE AGREEMENT (Canadian Seed 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. If GROWER demonstrates to PVMI's satisfaction that Licensed Product seed is not being sold by GROWER as seed but instead to non- seed/commercial markets, GROWER shall also pay PVMI an Annual Royalty on 10% of the total cwt sold to non- seed/commercial markets at the applicable per cwt rates stated above with respect to each category of the Territory in which the seed was grown. This Agreement is subject to all of the terms and conditions stated herein, including the Additional Terms and Conditions on the following pages, 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 to by PVMI in writing. POTATO VARIETY MANAGEMENT INSTITUTE, INC. GROWER: Signature: Name: Title: Date: Signature: Name: Title: Date: PVMI NON-EXCLUSIVE SUBLICENSE AGREEMENT EXHIBIT A (Canadian Seed 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. If GROWER demonstrates to PVMI's satisfaction that Licensed Product seed is not being sold by GROWER as seed but instead to non- non-seed/commercial markets, GROWER shall also pay PVMI an Annual Royalty on 10% of the total cwt sold to non- non-seed/commercial markets at the applicable per cwt rates stated above with respect to each category of the Territory in which the seed was grown. This Agreement is subject to all of the terms and conditions stated herein, including the Additional Terms and Conditions on the following pages, 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 to by PVMI in writing. POTATO VARIETY MANAGEMENT INSTITUTE, INC. GROWER: ___________________________________ Signature: Name: Title: Date: Signature: Name: Title: Date: PVMI NON-EXCLUSIVE SUBLICENSE AGREEMENT EXHIBIT A (Canadian Seed Grower) Additional Terms and ConditionsUniversity of Idaho Potato Varieties)