APPLICANT AGREEMENT

Statement of Indemnification and Hold Harmless Agreement for Applicants to Variety Review Boards

The applicant, breeder and/or owner of the variety described in this application acknowledges, upon submission of an application, that the role of a Variety Review Board is to review the material as it is originally submitted or supplemented.  It is understood that the information contained within the application is deemed to be confidential and only the summary information prepared and submitted by the applicant will be made available to the general public by the Association of Official Seed Certifying Agencies.  A favorable review of the variety does not automatically confer eligibility for certification in any particular agency jurisdiction nor does it imply eligibility for final certification or final certification of any existing seed or seed that is subsequently produced. Such eligibility recognition and final seed certification decisions are solely the prerogative of individual certifying agencies.  All conclusions of the review process are the opinions of the review boards solely as to the suitability of varieties for certification as determined by the information presented.  Such conclusions are not to be construed as statements about the commercial worth or performance merit of any variety.   While a review board may provide review of the variety name for prior use or similarity with a previously released variety for that crop kind, or genetic ties to a previously released variety, it is ultimately the responsibility of the applicant to submit a variety name that is legal to use in relation to state and federal variety naming statues.   The protocols published in Part B are the basis for review and acceptance.  Prior actions may not establish precedent.  If the variety review board does not consider any of the protocols published in Part B of the application, it will not be deemed or construed to be a waiver of the published protocols, or in any way to affect the right of the variety review board to thereafter enforce each and every provision of these protocols.   The person, company or organization submitting this application for review hereby indemnifies and holds harmless the Association of Official Seed Certifying Agencies, the members of the Variety Review Board and the organizations and agencies that sponsor the members of the Variety Review Board from and/or against any and all claims, damages, costs, liabilities and expenses that rise in connection with the review of varieties for eligibility for certification.  Such agreement to indemnify and hold harmless shall extend for a period to include the life of the variety being reviewed plus ten (10) years.