Stephen H. Glassley and Judith Glassley, et al. - Page 17

                                       - 17 -                                         
               propagation, fertilization and watering.  Each                         
               experiment shall be conducted in a scientific manner                   
               and closely monitored.                                                 
                    2.4  Results.  The plant characteristics in each                  
               area of the plantation and the progress of plant growth                
               will be recorded.  The nature and results of each                      
               experiment conducted in the plantation will likewise be                
               recorded.                                                              
                    2.5  Conclusion.  The R & D Program will be                       
               concluded, and HJI's obligations under this Agreement                  
               fulfilled, on December 31, 1986.                                       
               Pursuant to the R & D Agreement, JDP agreed to pay HJI                 
          $360,000 as full compensation for the conduct of the R & D                  
          Program on the 60-acre jojoba plantation, of which amount $85,000           
          was due upon the signing of the R & D Agreement and the remaining           
          $275,000 was payable according to the terms of recourse notes to            
          be delivered to HJI upon the signing of the R & D Agreement.  The           
          R & D Agreement indicated that HJI had allocated $200 per acre of           
          the contract fee for the purchase of water and the installation             
          of a water delivery system for the small plantation but that JDP            
          would pay an additional sum, up to a maximum of $50,000, in the             
          event that the actual cost of providing water to the small                  
          plantation exceeded $200 per acre.  The R & D Agreement stated              
          that all costs and expenses of the R & D Program were the sole              
          responsibility of HJI.  In addition, it stressed that all                   
          payments due on the Notes were:                                             
               required by HJI to enable it to commence and carry out                 
               the R & D Program, and are not in any way conditioned                  
               on HJI's performance under this Agreement.  If HJI has                 
               received timely payment and then fails to perform as                   
               agreed, the Partnership may bring suit for damages or                  




Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011