Common use of LICENSEE PERFORMANCE Clause in Contracts

LICENSEE PERFORMANCE. 6.1 NURSERY, or its sublicensees or agents, shall expend reasonable efforts and resources to protect, propagate and market the Licensed Variety for the purpose of offering Licensed Products for sale. NURSERY shall offer Licensed Products for sale in the United States within (#) years of the Effective Date, and NURSERY shall offer Licensed Products for sale in Licensed Territory Two within (#) years of the Effective Date unless these periods are extended by mutual agreement of the parties. 6.2 Prior to the sale of Licensed Products in, or the export of harvested material of the Licensed Variety to, any country outside the United States that is included in Licensed Territory Two, NURSERY, or its sublicensees or agents, shall apply for plant breeder’s rights for the Licensed Variety in that country. NURSERY shall ensure compliance with all official requirements necessary for certification of the Licensed Variety in that country. 6.3 For the purpose of maintaining the reputation and market standing of the Licensed Variety, NURSERY, and its sublicensees and agents, shall exercise due diligence and make reasonable efforts to adhere to standards prevalent in the commercial (type of fruit, tree, vine or ornamental plant) nursery industry. Such diligence and efforts include, but are not limited to, the marking provisions under Article IX of this Agreement. 6.4 NURSERY shall notify USDA in writing within fifteen (15) days after the first commercial sale of Licensed Products by NURSERY. 6.5 Licensed Products sold or otherwise disposed of in the United States by NURSERY, or its sublicensees, shall be manufactured substantially in the United States. For the purposes of this Agreement, manufactured shall mean grown. 6.6 After the first sale of Licensed Products in the United States, NURSERY shall keep Licensed Products reasonably available to the United States public during the term of this Agreement.

LICENSEE PERFORMANCE. 6.1 NURSERYSEED COMPANY, or its sublicensees or agents, shall expend reasonable efforts and resources to protect, propagate and market the Licensed Variety for the purpose of offering Licensed Products for sale. NURSERY SEED COMPANY shall offer Licensed Products for sale in the United States within (#) years of the Effective Date, (and NURSERY SEED COMPANY shall offer Licensed Products for sale in Licensed Territory Two within (#) years of the Effective Date Date) unless these periods are this (these) period(s) is (are) extended by mutual agreement of the parties. 6.2 SEED COMPANY warrants that all sales of Licensed Product by Contract Growers shall be in the name of SEED COMPANY. 6.3 SEED COMPANY warrants that all Contract Growers shall be required to abide by the terms and conditions of this Agreement. 6.4 SEED COMPANY shall sell Licensed Product in the United States only as a class of certified seed, and seed production shall be limited to (#) generations beyond breeder seed. SEED COMPANY shall maintain all certification standards as may be required by any authorized certifying agency in the jurisdictions where Licensed Product is being produced. 6.5 Prior to the sale of Licensed Products Product in, or the export of harvested material of the Licensed Variety to, any country outside the United States that is included in Licensed Territory Two, NURSERY, or its sublicensees or agents, SEED COMPANY shall apply for plant breeder’s rights for the Licensed Variety in that country. NURSERY SEED COMPANY shall ensure compliance with all official requirements necessary for certification of the Licensed Variety in that countryLicensed Territory Two. 6.3 For the purpose of maintaining the reputation and market standing of the Licensed Variety, NURSERY, and its sublicensees and agents, 6.6 SEED COMPANY shall exercise due diligence and make reasonable efforts to adhere to ensure that all Licensed Product sold is of high quality and genetic purity. SEED COMPANY shall implement and monitor quality assurance standards prevalent in the commercial (type of fruit, tree, vine or ornamental plant) nursery industry. Such diligence and efforts include, but are not limited to, the marking provisions under Article IX of this Agreementfor all Contract Growers. 6.4 NURSERY 6.7 SEED COMPANY shall notify USDA in writing within fifteen (15) days after the first commercial sale of Licensed Products Product by NURSERYSEED COMPANY. 6.5 6.8 Licensed Products Product sold or otherwise disposed of in the United States by NURSERYSEED COMPANY, or its sublicensees, shall be manufactured substantially in the United States. For the purposes of this Agreement, manufactured shall mean grown. 6.6 6.9 After the first sale of Licensed Products Product in the United States, NURSERY SEED COMPANY shall keep Licensed Products Product reasonably available to the United States public during the term of this Agreement.

LICENSEE PERFORMANCE. 6.1 NURSERY, or its sublicensees or agents, shall expend reasonable efforts and resources to protect, propagate and market the Licensed Variety for the purpose of offering Licensed Products for sale. NURSERY shall offer Licensed Products for sale in the United States within ____ (#) years of the Effective Date, and NURSERY shall offer Licensed Products for sale in Licensed Territory Two within ____ (#) years of the Effective Date unless these periods are extended by mutual agreement of the parties. 6.2 Prior to the sale of Licensed Products in, or the export of harvested material of the Licensed Variety to, any country outside the United States that is included in Licensed Territory Two, NURSERY, or its sublicensees or agents, shall apply for plant breeder’s rights for the Licensed Variety in that country. NURSERY shall ensure compliance with all official requirements necessary for certification of the Licensed Variety in that country. 6.3 For the purpose of maintaining the reputation and market standing of the Licensed Variety, NURSERY, and its sublicensees and agents, shall exercise due diligence and make reasonable efforts to adhere to standards prevalent in the commercial (type of fruit, tree, vine or ornamental plant) nursery industry. Such diligence and efforts include, but are not limited to, the marking provisions under Article IX of this Agreement. 6.4 NURSERY shall notify USDA in writing within fifteen (15) days after the first commercial sale of Licensed Products by NURSERY. 6.5 Licensed Products sold or otherwise disposed of in the United States by NURSERY, or its sublicensees, shall be manufactured substantially in the United States. For the purposes of this Agreement, manufactured shall mean grown. 6.6 After the first sale of Licensed Products in the United States, NURSERY shall keep Licensed Products reasonably available to the United States public during the term of this Agreement.

LICENSEE PERFORMANCE. 6.1 NURSERYSEED COMPANY, or its sublicensees or agents, shall expend reasonable efforts and resources to protect, propagate and market the Licensed Variety for the purpose of offering Licensed Products for sale. NURSERY SEED COMPANY shall offer Licensed Products for sale in the United States within ____ (#) years of the Effective Date, (and NURSERY SEED COMPANY shall offer Licensed Products for sale in Licensed Territory Two within ____ (#) years of the Effective Date Date) unless these periods are this (these) period(s) is (are) extended by mutual agreement of the parties. 6.2 SEED COMPANY shall sell Licensed Product in the United States only as a class of certified seed, and seed production shall be limited to _____ (#) generations beyond breeder seed. SEED COMPANY shall maintain all certification standards as may be required by any authorized certifying agency in the jurisdictions where Licensed Product is being produced. 6.3 Prior to the sale of Licensed Products Product in, or the export of harvested material of the Licensed Variety to, any country outside the United States that is included in Licensed Territory Two, NURSERY, or its sublicensees or agents, SEED COMPANY shall apply for plant breeder’s rights for the Licensed Variety in that country. NURSERY SEED COMPANY shall ensure compliance with all official requirements necessary for certification of the Licensed Variety in that countryLicensed Territory Two. 6.3 For the purpose of maintaining the reputation and market standing of the Licensed Variety, NURSERY, and its sublicensees and agents, 6.4 SEED COMPANY shall exercise due diligence and make reasonable efforts to adhere to ensure that all Licensed Product sold is of high quality and genetic purity. SEED COMPANY shall implement and monitor quality assurance standards prevalent in the commercial (type of fruit, tree, vine or ornamental plant) nursery industry. Such diligence and efforts include, but are not limited to, the marking provisions under Article IX of this Agreementfor all Contract Growers. 6.4 NURSERY 6.5 SEED COMPANY shall notify USDA in writing within fifteen (15) days after the first commercial sale of Licensed Products Product by NURSERYSEED COMPANY. 6.5 6.6 Licensed Products Product sold or otherwise disposed of in the United States by NURSERYSEED COMPANY, or its sublicensees, shall be manufactured substantially in the United States. For the purposes of this Agreement, manufactured shall mean grown. 6.6 6.7 After the first sale of Licensed Products Product in the United States, NURSERY SEED COMPANY shall keep Licensed Products Product reasonably available to the United States public during the term of this Agreement.

LICENSEE PERFORMANCE. 6.1 NURSERYSEED COMPANY, or its sublicensees or agents, shall expend reasonable efforts and resources to protect, propagate and market the Licensed Variety for the purpose of offering Licensed Products for sale. NURSERY SEED COMPANY shall offer Licensed Products for sale in the United States within (#) years of the Effective Date, (and NURSERY SEED COMPANY shall offer Licensed Products for sale in Licensed Territory Two within (#) years of the Effective Date Date) unless these periods are this (these) period(s) is (are) extended by mutual agreement of the parties. 6.2 SEED COMPANY shall sell Licensed Product in the United States only as a class of certified seed, and seed production shall be limited to (#) generations beyond breeder seed. SEED COMPANY shall maintain all certification standards as may be required by any authorized certifying agency in the jurisdictions where Licensed Product is being produced. 6.3 Prior to the sale of Licensed Products Product in, or the export of harvested material of the Licensed Variety to, any country outside the United States that is included in Licensed Territory Two, NURSERY, or its sublicensees or agents, SEED COMPANY shall apply for plant breeder’s rights for the Licensed Variety in that country. NURSERY SEED COMPANY shall ensure compliance with all official requirements necessary for certification of the Licensed Variety in that countryLicensed Territory Two. 6.3 For the purpose of maintaining the reputation and market standing of the Licensed Variety, NURSERY, and its sublicensees and agents, 6.4 SEED COMPANY shall exercise due diligence and make reasonable efforts to adhere to ensure that all Licensed Product sold is of high quality and genetic purity. SEED COMPANY shall implement and monitor quality assurance standards prevalent in the commercial (type of fruit, tree, vine or ornamental plant) nursery industry. Such diligence and efforts include, but are not limited to, the marking provisions under Article IX of this Agreementfor all Contract Growers. 6.4 NURSERY 6.5 SEED COMPANY shall notify USDA in writing within fifteen (15) days after the first commercial sale of Licensed Products Product by NURSERYSEED COMPANY. 6.5 6.6 Licensed Products Product sold or otherwise disposed of in the United States by NURSERYSEED COMPANY, or its sublicensees, shall be manufactured substantially in the United States. For the purposes of this Agreement, manufactured shall mean grown. 6.6 6.7 After the first sale of Licensed Products Product in the United States, NURSERY SEED COMPANY shall keep Licensed Products Product reasonably available to the United States public during the term of this Agreement.