Common use of Mutations Clause in Contracts

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 Product or Finished Plant, then Customer shall report the E.D.V. immediately to the Ball/Agent by registered letter. The letter shall include, at a minimum, the name for the Flowering Only 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 Product (hereinafter "Third Party") if the Flowering Only 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

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 Product Varieties or Finished Plant, then Customer shall report the E.D.V. immediately to the Ball/Ball or its Agent by registered letter. The letter shall include, at a minimum, the name for the Flowering Only Product 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 Product Variety (hereinafter "Third Party") if the Flowering Only Product 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