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TwilleySeed-2017Catalog

4. GROWER UNDERSTANDS THIS AGREEMENT. GROWER represents and warrants that it/he/she has consulted with or had an opportunity to consult with an attorney, and that GROWER fully understands the meaning and legal effect of this Agreement. 5. ALL OTHER TERMS OF THE NUNHEMS LABEL APPLY. Except as expressly provided within this Agreement, all remaining terms, disclaimers, limitations and conditions of purchase as disclosed and set forth on the Nunhems label and on the Nunhems’ LIMITATION OF WARRANTY AND LIABILITY regarding liability shall apply to all GROWER'S purchases or acceptance of watermelon and/or melon seed and plants. 6. CHOICE OF LAW/CHOICE OF FORUM/NOTICE OF REQUIRED ARBITRATION, CONCILIATION, MEDIATION. The parties agree that this Agreement shall be construed in accordance with the laws of the State of Idaho. Under the seed laws of several states ARBITRATION, CONCILIATION OR MEDIATION is required as prerequisite to maintaining a legal action based upon the failure of seed that this notice relates to produce as represented. BUYER SHOULD CONSULT ITS STATE DEPARTMENT OF AGRICULTURE for specific filing requirements as soon as BUYER learns of the facts upon which a claim is to be based before any legal action is initiated. It is also agreed that any litigation by and between GROWER and Sellers, relating to the sale or acceptance of all such watermelon and/or melon seed or plants hereunder, shall take place in Ada County, Idaho, USA. 7. ATTORNEY'S FEES. In the event that Sellers enforce any terms of this Agreement in any litigation with GROWER, Sellers shall be entitled to recover reasonable attorney's fees from GROWER. 8. This Agreement shall be valid from November 1, 2016 until October 31, 2018. I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT AND I AGREE TO BE BOUND BY ALL OF ITS TERMS, AND I AM AUTHORIZED TO SIGN THIS AGREEMENT FOR GROWER/CUSTOMER, NAMELY: __________________________________________________ __________________________________________________ (Signature) (Printed) Date: __________________________ __________________________________________________ _______________________________ ___________ ______________________ (Address) (City) (State) (Zip Code) __________________________________________________ (Area Code and Telephone Number) Please read and understand this agreement. Then fill in all requested information above and sign as indicated. Return the signed document to Twilley Seed Company. Email: twilley@twilleyseed.com Fax: 864-227-5108 Mail: Otis S. Twilley Seed Co., Inc. 121 Gary Rd. Hodges, SC 29653 FOR OFFICE USE ONLY Variety Lot Number Nunhems Authorized Representative or Distributor/DEALER Authorized Representative __________________________________________________ __________________________________________________ (Signature) (Printed) Date: __________________________ Twilley Order #______________________________________


TwilleySeed-2017Catalog
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