- 18 - specific performance, but further payments due under the Notes may not be withheld. No part of any sums paid by the Partnership to HJI shall be refundable for any reason, nor shall the Partnership be entitled to withhold payment to HJI * * *. The R & D Agreement stated that the parties did not contemplate that the R & D Program would result in any inventions or patents. However, the agreement indicated further: It is contemplated that the R & D Program will result in discoveries, technology and other information which may or may not be proprietary. In any case, either party to this Agreement may use any information, discovery or technology resulting from the R & D Program in any manner and for any purpose desired. The R & D Agreement also provided that it "is contemplated by the parties that if the R & D Program produces successful results, the small plantation will be converted into a commercial jojoba farm and thereafter operated for profit by or on behalf of * * * JDP" pursuant to certain option agreements entered into simultaneously with the R & D Agreement. The R & D Agreement stated further that all property of any kind, real, personal, or mixed, acquired by HJI in connection with the R & D Program would be the property of HJI, and that JDP would have no interest in or rights to such property arising from the R & D Agreement or otherwise. The R & D Agreement stated also that HJI made no representation or guarantee of any kind with respect to the R & D Program or the results thereof. In addition, the R & D Agreement provided that HJI had not agreed to conduct the R & D Program onPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011