- 20 - Berberich intended to form another limited partnership that he hoped would attract additional investors. Whittaker and Berberich anticipated that any discoveries resulting from research or experimentation activities on the jojoba plants or from their domestication on the plantations operated or managed by HJI or its affiliates (hereinafter collectively referred to as Hyder Jojoba plantations) would be shared with other jojoba plantation operators so that marketable supplies of jojoba seed would be available. Whittaker recognized that any information gathered about jojoba grown in one environment might have no relevance to jojoba grown in a different environment. c. The Option and Joint Venture Agreement On December 31, 1981, Berberich, as general partner of JDP, and Whittaker, as president of HJI, additionally executed an option and joint venture agreement.7 Under that agreement, HJI was given an option, exercisable by notice to JDP not later than September 15, 1986, to undertake the conversion of the small plantation to a commercial farming operation if, not later than August 1, 1986, the parties had agreed in writing that the R & D Program had produced a strain of jojoba plant that they wished to grow on a commercial basis. 7 We use the term joint venture for convenience. Such designation should not be taken as a determination of the legal effect of the option and joint venture agreement or of the nature of any farming operations undertaken pursuant to such agreement.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011