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research contractor. The R&D agreement, along with other
documents, was sent by CFS to Kellen at his law office on
December 31, 1982, in a last minute rush to execute and file the
documents before the end of the year. Pursuant to directions
Kellen received from CFS, he notified the notary at his law
office to be on "standby" and waited for the courier to arrive
with the documents. Upon the arrival of the courier, Kellen
quickly signed the documents and had them notarized before
returning them to the courier.
The terms of the R&D agreement entered into between U.S.
Agri and Utah I specified that U.S. Agri was "to use its best
efforts to develop a jojoba plantation in the vicinity of Desert
Center, California, at a specific location to be selected by * *
* [U.S. Agri] to be used to conduct research on the
domestication, commercial cultivation, planting and irrigation
techniques, weed, disease and insect management, and harvesting
of the jojoba plant. Said plantation to be eighty (80) acres."
The 80 acres was further described in the R&D agreement as
follows:
The plantation will be located within the larger tract
of land described as follows: the Southeast quarter of
the Northwest quarter and the Southwest quarter of
Section 16, Township 5 South, Range 16 East, San
Bernardino Base and Meridan.
Under the R&D agreement, Utah I agreed to pay U.S. Agri a
total of $1,298,627, plus interest, $423,428.52 of which was to
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