Mutations. a) If Customer finds, induces, observes, or discovers an Essentially Derived Variety (hereinafter “E.D.V.”) such as any mutation or sport in any Flowering Only Varieties or Finished Plant, then Customer shall report the E.D.V. immediately to Ball or its Agent by registered letter. The letter shall include, at a minimum, the name for the Flowering Only Variety or Finished Plant from which the E.D.V. has been induced, observed or discovered, and a brief description of the E.D.V. b) At the written request of the Ball/Agent, Customer shall immediately provide the Ball/Agent with sufficient material of the E.D.V. c) Ball or the third party owner of the Flowering Only Variety (hereinafter "Third Party") if the Flowering Only Variety is the subject of a third party license agreement, shall own all right, title and interest in the E.D.V. Customer hereby assigns all right, title, and interest in the E.D.V. to Ball or Third Party, if applicable. Customer agrees to cooperate with Ball or Third Party by executing any documents Ball or Third
Appears in 2 contracts
Samples: Terms and Conditions of Sale Agreement, Terms and Conditions of Sale Agreement
Mutations. a) If Customer finds, induces, observes, or discovers an Essentially Derived Variety (hereinafter “E.D.V.”) such as any mutation or sport in any Flowering Only Varieties Product or Finished Plant, then Customer shall report the E.D.V. immediately to Ball or its the Ball/Agent by registered letter. The letter shall include, at a minimum, the name for the Flowering Only Variety Product or Finished Plant from which the E.D.V. has been induced, observed or discovered, and a brief description of the E.D.V.
b) At the written request of the Ball/Agent, Customer shall immediately provide the Ball/Agent with sufficient material of the E.D.V.
c) Ball or the third party owner of the Flowering Only Variety Product (hereinafter "Third Party") if the Flowering Only Variety Product is the subject of a third party license agreement, shall own all right, title and interest in the E.D.V. Customer hereby assigns all right, title, and interest in the E.D.V. to Ball or Third Party, if applicable. Customer agrees to cooperate with Ball or Third Party by executing any documents Ball or Third
Appears in 2 contracts
Samples: Flowering Only Terms and Conditions of Sale Agreement, Terms and Conditions of Sale Agreement