- 59 - acres purportedly allocated to it. Others had interests in the large areas farmed by HJI in Hyder, so Gross' computation of the valuation for JDP was simply contrary to fact. Moreover, even Eberhardt states that the results of the nutrient studies were site specific. Therefore, petitioners' argument that the jojoba industry saved millions of dollars as a result of HJI's putative research or experimentation is outlandish. In addition, we view with much skepticism testimony that the parties to these agreements anticipated that JDP would recoup the cost of the R & D contract fee from the increased production of the jojoba plants on Turtleback I resulting from a successful research program. The record reveals that no one made any projections before the agreements were executed, or afterward, relating to the profit potential of a 60-acre jojoba plantation. The profit projections in the offering were based on a jojoba plantation's containing a low of 160 acres and a high of 464 acres. The offering, furthermore, cautioned that JDP would face higher risks should only the projected minimum 160 acres be planted. Yet, nowhere is any attempt made to show that the results of operations on the 60 acres purportedly allocated to JDP could support the anticipated 5-year research and experimentation project to which the parties seemingly bound themselves in the R & D Agreement. Indeed, Gross admitted in his report that "It is not customary to conduct expensive research and experimentation on a pilot model, and then expect the pilotPage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011