DRAFT

Forage Genetics International, LLC HarvXtra^® Alfalfa with Roundup Ready^® Technology
Seed and Feed Use Agreement

As part of the stewardship plan to grow HarvXtra^® Alfalfa with Roundup Ready^® Technology (HvXRR) in a responsible manner, all HvXRR seed, as well as the forage produced from this seed (hay products), must be contained within the United States for domestic use only.

This HvXRR Seed and Feed Use Agreement (SFUA) is an important part of the stewardship plan; it seeks to ensure that HvXRR seed and hay products produced from HvXRR seed are not shipped to countries which have not approved import or use of such seed or products. The SFUA also seeks to avoid contamination of hay products derived from conventional seed by products derived from HvXRR seed.

Until further notice, HvXRR seed can only be sold to and planted by growers who agree to use the forage produced for livestock on their own farming operation in the United States OR agree to only sell this forage directly to producers who agree to feed this forage to their livestock and keep all forage in the United States for domestic use only and not export this forage to other countries, specifically including China.

Grower Agreement and Certification

I agree to plant HvXRR seed on property that I farm located in the United States, solely for the purpose of domestic alfalfa hay product production, and not for seed production

I agree that I will only use the alfalfa hay products derived from HvXRR seed as feed on property that I farm in the United States or sell to another person or entity who has agreed to use it for livestock feed on property they farm within the United States and not to export such products to other countries, including China.

Under no circumstances, will I sell hay products derived from HvXRR seed to persons or entities for use outside the United States, and specifically not to China, nor will I sell, barter, or trade alfalfa hay products derived from HvXRR seed with any person or entity that may allow such products to be transferred to other countries, specifically including China, until I am released in writing from this obligation by Forage Genetics International, LLC (FGI).

As a part of this agreement, I will provide, to FGI, the identity of any person or entity to which I sell, barter or trade products derived from HvXRR. I understand that I may be required to provide copies of records, receipts and other sales-related documents to FGI, including during an audit or inspection, consistent with the Monsanto Technology/Stewardship Agreement, including FGI’s alfalfa rider (MTSA), and I will comply with such requests.

I agree I will not plant HvXRR in Imperial County, California until released in writing from this obligation by FGI.

I agree that any of my hay products may be subject to inspection or testing by FGI or a third party to ensure I am in compliance with this SFUA, and I will comply with such requests. 

I certify that I will cooperate in good faith with FGI, shippers, and testers, when applicable, to ensure that hay products produced from my HvXRR crops are not shipped to China or other countries which may lack all necessary approvals for such imports, and that such products do not contaminate conventional alfalfa seed, crops or other hay products.

I agree to immediately report to FGI any shipment of hay products derived from HvXRR which I have reason to believe may be shipped to China.

I understand and agree that this SFUA is both a binding contract with FGI and an additional term and condition of the MTSA. This SFUA is enforceable on its own as well as under the MTSA.

Please check all that apply:

I will use the hay produced from my HvXRR as feed on property that I farm

I plan to sell all or a portion of my hay produced from my HvXRR, but will keep this hay separate and only sell it to a livestock producer who will use it solely for livestock feed within the United States, as provided above.