Sunshine Hemp, Inc. - MTA - Material Transfer Agreement




MATERIAL TRANSFER AGREEMENT FOR PURCHASING HEMP PLANT MATERIALS FROM SUNSHINE HEMP LLC (SH LLC)

 

Thank you for your interest in purchasing Florida grown and tested University approved “Pilot Project Hemp Seeds” from Sunshine Hemp. Our commitment is to provide the highest quality feminized hemp seed genetics for successful cultivation in Florida and full legal compliance with state and federal regulatory requirements.

 

 This agreement is made by and between Sunshine Hemp LLC (“SH LLC”) and  (“BUYER”) who wishes to purchase and/or receive hemp seeds or cultivars for growing hemp. All parties guarantee that they are state licensed registered entities operating research programs in compliance with Florida law, s. 581.217, F.S. and Rule 5B-57.014 - State Hemp Program.

 

SH LLC confirms that the MATERIAL being sold and transferred to BUYER has been approved by Florida A&M University as “Pilot Project Hemp Seeds” under authority of the Florida Industrial Hemp Research Pilot Program, per s. 1004.4473 F.S., and meets all seed requirements to sell under Florida law.

 

SH LLC asks that the BUYER agree to the following before the BUYER receives plant materials (“MATERIAL”) requested from SH LLC:

 

  1. SUBJECT MATERIAL: Purchase of number of seeds of each strain of CBG/CBD Industrial Hemp listed below are approved under the Sunshine Hemp FAMU License Agreement for sales in the state of Florida.
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  1. BUYER warrants that the transfer of MATERIAL is not for the purpose of seed production or for creating cultivars as it pertains to seed multiplication, creation of new hybrid lines derived from MATERIAL, inbreeding of MATERIAL, or use in the production of seed for resale or barter and SH prohibits any seed propagation in any matter of genetics without written approval.

 

  1. BUYER is hereby informed that other than as set forth herein, SH does not impose any restrictions upon BUYER as to BUYER’S utilization of the MATERIAL except that transfer of MATERIAL to any third party is expressly prohibited unless otherwise agreed to in writing with matching agreements signed by the pre-approved third party by SH. This applies to any farmers within a co-op or under a

 

  1. joint venture or other corporate structure. RECIPIENT herein agrees to account for all seeds used, plants grown, seeds stored and/or seeds that fail in the germination process with photographic data collection standards.

 

  1. BUYER agrees not to sell, exchange, lease, donate or otherwise make available to any third party cuttings, tissue, seeds, or pollen for the purpose of multiplying or maintaining seeds or derivative plants in their fundamental characteristic form or for the creation of new hybrid lines derived from original MATERIAL supplied by SH LLC. BUYER is hereby informed that no property rights, seed productive rights, or seed multiplication rights are given to the BUYER by SH LLC and transfer of MATERIAL to any third party is expressly prohibited.

 

  1. BUYER acknowledges that transfer of MATERIAL by SH LLC to BUYER is the result of hemp genetics research production allowed under Section 7606 of the 2014 Farm Bill and the Industrial Hemp Research Pilot Project under s. 1004.4473 Florida Statutes and qualified as state authorized “Pilot Project Hemp Seeds”.

 

  1. BUYER assumes all liability for damages that may arise from use, storage, or disposal of MATERIAL. SH LLC will not be liable to BUYER for any loss, claim, or demand made by the BUYER, or made against the BUYER by any other party due to or arising from the use, storage, or disposal of the MATERIAL. The BUYER agrees to indemnify, hold harmless, and defend SH LLC against any claims, costs, or other liabilities that may arise as a result of RECIPIENT’s use, storage, or disposal of MATERIAL.

 

  1. BUYER agrees to indemnify SH LLC for reasonable attorney fees and costs of litigation based on or arising from BUYER’s misuse of seed according to the said terms.

 

  1. All information relating to varieties, varietal characteristics or periods of maturity and all descriptions and illustrations contained in the SH LLC’s catalog, price list, and advertisements or otherwise communicated to the BUYER are intended to present merely a general idea of the MATERIAL described and shall not form part of the agreement or constitute a representation.

 

  1. Disease of plants can be transmitted by wind, insects, animals, or by human agencies and can be seed or soil borne. SH LLC believes the MATERIAL transferred subject to this agreement to be free from latent defect. It is not a condition of transfer or a warranty that any MATERIAL is free from such a defect.

 

  1. MATERIAL will perform differently in different growing environments and therefore no warranty can be given as to the nature, size, or appearance of any plants grown from the MATERIAL. BUYER shall be solely responsible for

 

  1. determining whether or not the anticipated growing conditions are suitable for the MATERIAL and any advice given by SH LLC in this respect shall be given without liability to the SH LLC and shall not be deemed to be a representation.

 

  1. The MATERIAL purchased had been researched and tested by SELLER in compliance with state regulation and will be accompanied by a label and certification statement identifying the variety, origin, germination rate, purity test and weight of the MATERIAL. Notwithstanding the certificate, neither Florida A&M University, its Division of Research nor any of its partners can guarantee to BUYER that any particular plant or crop of plants produced from the hemp seeds contained herein will contain a delta-9-tetrahydrocannabinol concentration which does not exceed 0.3 percent on a dry-weight basis, as such concentrations can be influenced by factors such as recessive genetics, soil conditions, planting or harvesting practices, or any combination thereof.

 

  1. The BUYER shall acknowledge SH LLC as the supplier of the MATERIAL in any publications that results from the BUYER’s use of the MATERIAL and shall provide SH LLC with copies of the relevant publications.

 

  1. BUYER acknowledges that the MATERIAL provided by SH LLC has been genetically tested and contains heritable genomic markers identified and used exclusively by SH LLC. Any breeding with the MATERIAL is therefore traceable and such violations will be pursued to the full extent of the law.

 

  1. Genomic sequencing of any MATERIAL provided by SH LLC is expressly prohibited.

 

  1. Before SH LLC can transfer MATERIAL the BUYER, or other authorized official of the BUYER’s organization, must sign and deliver this MTA by email to SH LLC at the following address: warren@sunshinehempfl.com

 

CERTIFICATION BY BUYER OR OTHER AUTHORIZED OFFICIAL:

 

I have read and understand the conditions outlined in this Agreement and I agree to fully abide by them in the receipt and use of the MATERIAL.

Organization:
Name:  
Title:  

FDACS Hemp Cultivation License # 
Date:

Leave this empty:

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Document name: Sunshine Hemp, Inc. - MTA - Material Transfer Agreement
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November 24, 2020 10:37 pm EDTSunshine Hemp, Inc. - MTA - Material Transfer Agreement Uploaded by Sunshine Hemp, Inc. - sales@sunshinehempfl.com IP 73.35.177.208
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