Material Transfer Agreement

For

Receiving Wheat Lines Submitted to the USDA-ARS Western Regional Nursery Program

This SEED or PLANT MATERIAL (hereinafter known as MATERIAL) is being distributed to you (hereinafter known as Recipient) in accordance with the "Wheat Workers' Code of Ethics For Distribution of Germplasm", developed and adopted by the National Wheat Improvement Committee on November 5, 1994. Acceptance of this MATERIAL by RECIPIENT constitutes agreement to the following:

1. The originating owner, breeder, institution, or company (hereinafter referred to as OWNER) of the MATERIAL asserts they have the authority to submit the wheat line to the USDA-ARS Western Regional Nursery Program and retains all rights and ownership to the unreleased material.

2. The recipient of unreleased MATERIAL shall make no secondary distributions of the MATERIAL without the expressed written permission of the OWNER.

3. The OWNER in distributing unreleased MATERIAL to the RECIPIENT grants permission for use of the MATERIAL in tests under the recipient'S control and/or as a parent for making crosses from which selections will be made.

Uses of the MATERIAL for which expressed written approval of the OWNER is required include:

(a) Testing in regional or international nurseries;

(b) Increase and release as a cultivar;

(c) Reselection from within the stock;

(d) Use as a parent of a commercial F1 hybrid, synthetic, or multi-line cultivar;

(e) Use as a recurrent parent in backcrossing;

(f) Mutation breeding;

(g) Selection of somaclonal variants; or

(h) Use as a recipient parent for asexual gene transfer, including gene transfer molecular genetic techniques.

4. MATERIALS entered in crop cultivar trials shall not be used for seed increase without permission of the OWNER. RECIPIENT agrees to take reasonable precautions to ensure retention or recovery of MATERIALS at harvest.

5. OWNER GIVES NO WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, FOR THE MATERIAL INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Furthermore, OWNER makes no representations whatsoever that the Material may be exploited without infringing other party’s patents.