- 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%Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011