- 19 - development period. If any income were generated during the R&D period, it would "be divided eighty-five percent (85%) to the Partnership * * * [Utah I] and fifteen percent (15%) to the Contractor * * * [U.S. Agri]." As part of the R&D agreement, Utah I also had the option of requiring U.S. Agri to enter into a license agreement that would include the commercial exploitation of the jojoba plantation assigned to it. The option, which referred to U.S. Agri as the contractor and Utah I as the partnership, was described as follows: At such time as the Jojoba plantation on which the research and development is being conducted has reached a stage of commercial development, the Contractor * * * shall give the Partnership a written report to that effect and the Partnership will have the option to require the Contractor to enter into a License Agreement for the purpose of commercially exploiting the technology developed pursuant to this Agreement. * * * This option shall be solely at the discretion of the Partnership. Execution of the license agreement by Utah I, pursuant to this option, would result in the automatic termination of the R&D agreement between Utah I and U.S. Agri according to the terms of the R&D agreement. The R&D agreement gave Utah I the ownership of "any inventions, discoveries, improvements, devices, designs, apparatus, practices, processes, methods or products, * * * whether patentable or not, made, developed, perfected, devised, conceived" in the course of U.S. Agri's work for Utah I. U.S.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011