Sample of Monsanto TA (Technology agreement) for Roundup Ready Canola

[ken hanly <northsunm@xxxxxxxxx>]

This is a sample agreement from 2003. It is from a
website hostile to GM seeds and there is no reference
given, not a very bright idea but from what I can
remember from reading Monsanto material some time back
it seems to  ring true. Note this is just one example.
I am sure there are numerous variations.
Anyway the seeds are hardly leased. They are not
returned after being used for a limited time.  Rather
there are all sorts of legal restrictions on how the
seeds may be used etc.


27 April 2003

Copy of Technology User Agreement
Seed the Technology. Harvest the Rewards.

TECHNOLOGY USE AGREEMENT TERMS AND CONDITIONS

The Grower shall use any purchased Roundup Ready®
canola seed for planting one and only one crop for
resale for consumption. The Grower agrees not to save
seed produced from Roundup Ready canola seed for the
purpose of replanting nor to sell, give, transfer or
otherwise convey any such seed for the purpose of
replanting. The Grower also agrees not to harvest any
volunteer Roundup Ready canola seed crops.

The Grower shall purchase and use only Roundup®
branded herbicide labelled for use on all Roundup
Ready canola seed purchased. The Grower shall purchase
both the Roundup branded herbicide and the Technology
Use Agreement as a package from his retailer of
choice. The Seed Purchase Fee shall be non refundable
after the date of reconciliation of actual acres
planted as set forth in the Monsanto Roundup Ready
canola service policy.

Monsanto warrants the tolerance of plants from Roundup
Ready canola seed to Roundup herbicide when used at
specified label rates and as per label instruction.

The Grower grants Monsanto the right to inspect, take
samples and test all of the Grower's owned and/or
leased fields planted with canola, or any other land
farmed by the Grower, and to monitor the Grower's
canola fields and storage bins for the following three
years for compliance with the terms of this Agreement.
All such inspections shall be performed at a
reasonable time, and if possible, in the presence of
the Grower. The Grower also agrees to supply upon
request the locations of all fields planted with
canola in the following three years. Grower has or
shall obtain all permissions required for Monsanto to
exercise this right to inspect, take samples and test.

If the Grower violates any of the Terms and Conditions
of this Agreement, the Grower shall forfeit any right
to obtain any Agreement in the future and this
Agreement may, at Monsanto's option, be terminated
immediately. In the event of any use of Roundup Ready
canola seed which is not specifically authorised in
this Agreement, the Grower agrees that Monsanto will
incur a substantial risk of losing control of Roundup
Ready canola seed and that it may not be possible to
accurately determine the amount of Monsanto's damages.
The Grower therefore agrees: a) to pay Monsanto $15.00
per acre for every acre planted with Roundup Ready
canola seed not covered by this Agreement; and b) to
deliver to Monsanto or its designated agent, at the
Grower's expense, all seed containing the Roundup
Ready gene that results from the unauthorised use of
Roundup Ready canola; or at Monsanto's option, the
Grower shall destroy all crop containing the Roundup
Ready gene resulting from the unauthorized use of
Roundup Ready canola; and c) if the Grower sells,
gives, transfers or otherwise conveys any seed
containing the Roundup Ready gene contrary to the
Terms and Conditions of this Agreement, the Grower
shall pay to Monsanto a sum equal to $15.00 for each
acre capable of being planted using the seed that was
sold, given, transferred or otherwise conveyed, or a
sum equal to the amount received by the Grower for the
seed that was sold, given, transferred or otherwise
conveyed, whichever is greater; and d) to pay Monsanto
all costs incurred by it as a result of the Grower
breaking any of the terms and conditions of this
Agreement, including all legal fees and disbursements
incurred by Monsanto on a solicitor and client basis.

The Terms and Conditions of this Agreement are
personal to the Grower and shall be binding and have
full force and effect on the heirs, personal
representatives, successors and permitted assigns of
the Grower, but the Grower's rights hereunder shall
not otherwise be transferable or assignable without
the express written consent of Monsanto.

Ad Terms, Conditions and provisions of this Agreement
are severable, and any Term, Condition or provision or
application thereof which may be prohibited or
unenforceable by law shall be ineffective to the
extent of such prohibition or unenforceability without
affecting the remainder of this Agreement or any other
application of such Term, Condition or provision. The
use of the title "Technology Use Agreement" is for
convenience of reference only and shall not affect or
be utilized in the construction or interpretation of
this Agreement.

Only Roundup Transorb and Roundup Original are
registered for use on Roundup Ready canola.

Please read and follow label directions for all
Roundup branded herbicides prior to use Roundup,
Roundup Ready,Roundup,Roundup Original and Roundup
Transorb are trademarks of Monsanto Company. Monsanto
Canada Inc., licensee Monsanto Canada, Inc.

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