- 33 -
(f) Over $807,100 42.5%"
It is clear from the words of the licensing agreement that
Yuma Mesa was not going to be actively involved in the
development of the jojoba plantation. As paragraph 2 in section
A points out:
Said agreement provides that upon the sole
determination by Hilltop Plantations, Inc. as
Contractor, that the seed and/or bean of the jojoba
plants developed may be sold commercially, then and in
that event commercial farming and marketing shall be
conducted pursuant to this Agreement.
The licensing agreement also states "that this Agreement in no
way constitutes a partnership or a joint venture between Licensor
* * * [Yuma Mesa] and Licensee * * * [Mesa Plantations]."
The license agreement entered into between Cactus Wren and
MBP, on December 31, 1983, gives MBP (Contractor/Licensee), "the
exclusive right to utilize the technology developed for the
account of the Licensor * * * [Cactus Wren]" in consideration of
the payment by the Contractor/Licensee * * * [MBP] of royalties
based upon future sales. Pursuant to the licensing agreement,
these "royalties shall be payable to Licensor * * * [Cactus Wren]
based upon cumulative annual gross revenue from sales as follows:
(a) 0 to $56,250 0.0%
(b) $56,251 to $75,000 3.0%
(c) $75,001 to $93,750 10.0%
(d) $93,751 to $131,250 25.0%
(e) $131,251 to $187,500 37.0%
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