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The material contained herein is being furnished by
[Centre] under the following conditions:
Designated Germplasm
The [country] is making the material
described in the attached list available as part of its policy of maximizing the
utilization of genetic material for research. The material was either developed
by [Centre]; or was acquired prior to the entry into force of the Convention on
Biological Diversity; or if it was acquired after the entering into force of the
Convention on Biological Diversity, it was obtained with the understanding that
it could be made freely available for any agricultural research or breeding
purposes.
The material is held in trust under the terms of an
agreement between [Centre] and FAO, and the recipient has no rights to obtain
Intellectual Property Rights (IPR) on the germplasm or related information.
The recipient may reproduce the seed and use the material
for agricultural research and breeding purposes and may distribute it to other
parties provided the recipient is also willing to accept the conditions of this
agreement *.
The recipient, therefore, hereby agrees not to claim
ownership over the germplasm to be received, nor to seek IPR over that germplasm
or related information. He/She further agrees to ensure that any subsequent
person or institution to whom he/she may make samples of the germplasm
available, is bound by the same provision and undertakes to pass on the same
obligations to future recipients of the germplasm.
[Centre] makes no warranties as to the safety or title of
the material, nor as to the accuracy or correctness of any passport or other
data provided with the material. Neither does it make any warranties as to the
quality, viability, or purity (genetic or mechanical) of the material being
furnished. The phytosanitary condition of the material is warranted only as
described in the attached phytosanitary certificate. The recipient assumes full
responsibility for complying with the recipient nation’s quarantine/biosafety
regulations and rules as to import or release of genetic material.
Upon request, [Centre] will furnish information that may
be available in addition to whatever is furnished with the seed. Recipients are
requested to furnish [Centre] performance data collected during evaluations.
The material is supplied expressly
conditional on acceptance of the terms of this agreement. The recipient’s
acceptance of the material constitutes acceptance of the terms of this
Agreement.
* This does not prevent the recipient from releasing or reproducing the seed for
purposes of making it directly available to farmers or consumers for
cultivation, provided that the other conditions set out in the MTA are complied
with.

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