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Locally Grown O <br />LICENSE AGREEMENT FOR PRODUCER CERTIFICATION <br />Herein referred to as LICENSEE desires to make use of the Locally Grown logo and promotional materials. Effective on the <br />subscribed date, the LICENSEE agrees to the following terms and conditions: <br />AGREEMENTS <br />1. Ownership of Mark. FPC is the sole and exclusive owner of the Locally Grown logo. <br />2. Nonexclusive, Nontransferable License. FPC grants LICENSEE a non - exclusive, nontransferable, royalty -free right to <br />use the Locally Grown logo solely in connection with the advertising, marketing, promotion, and sale of Locally Grown <br />certified products. <br />3. Use of Locally Grown Logo and Related Materials. LICENSEE shall use the Locally Grown logo and related food <br />campaign materials only in the form and manner specified by FPC as outlined below. <br />a. Conditions of Use. LICENSEE shall comply with the following terms and conditions: <br />L LICENSEE shall use the Locally Grown logo and related materials solely in connection with Locally Grown <br />certified products. Products represented, labeled, or sold as Locally Grown must be grown or raised within <br />the boundaries of the FPC Locally Grown region by certified Locally Grown farms. <br />II. LICENSEE shall not use the Locally Grown logo and other Locally Grown promotional materials to <br />represent or label products obtained from non - certified farms. <br />III. LICENSEE shall not use the Locally Grown logo and related materials in any manner that encourages <br />consumers to associate the Locally Grown logo with products that are not Locally Grown certified. <br />IV. LICENSEE shall not combine the Locally Grown logo with any other trademark name. <br />V. LICENSEE shall not use the Locally Grown logo in any manner that may disparage or impair the validity of <br />the logo. <br />VI. LICENSEE use of the Locally Grown logo shall be in accordance with applicable trademark law. <br />LICENSEE shall use its best efforts at all times to promote and increase the awareness and acceptance of the <br />Locally Grown logo in a manner consistent with sound business practices. <br />b. Quality Maintenance Standards. LICENSEE shall cooperate with FPC in ensuring proper use of the Locally <br />Grown logo and related materials in accordance with the Conditions of Logo Use. LICENSEE acknowledges that <br />FPC has the right to verify and inspect all goods and all other items to which the Locally Grown logo and related <br />materials are attached to maintain effective quality control and protection of the integrity of the Locally Grown <br />logo. <br />c. Hold Harmless Provision. Each producer participating in the FPC Locally Grown program shall be responsible <br />for any loss, personal injury, death and /or other damage that may occur as a result of the producer's negligence or <br />that of its servants, agents and employees, and hereby agrees to exonerate, save harmless, protect and indemnify <br />the FPC, its successors and assigns, from and against any and all losses, damages, claims, suits or actions, <br />judgments and costs, and attorneys fees which may arise or grow out of any injury or death of persons or damage <br />to property in any manner connected with the producer's products, operations or vending. <br />4. Termination <br />Agreements are valid for the current calendar year and must be renewed annually. If signed after October 1, the certification <br />agreement is valid for the remainder of the current calendar year and the entire following calendar year. <br />a. LICENSEE failure to comply with the terms and conditions of this Agreement shall result in an immediate <br />termination of this Agreement. <br />2[Page <br />Attachmen number 3 <br />F -5 Page 96 <br />