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The Reasons for this
Agreement: TACF is in the process of breeding hybrid chestnut trees
for eventual release into the public domain closely resembling pure
American chestnut trees but without susceptibility to the disease
known as chestnut blight and with resistance to insect pests and
other major pathogens of chestnuts.
The method of plant
breeding being used by TACF is commonly referred to as the “backcross
method” wherein lines of American chestnut stock are outcrossed once
to other species of chestnut carrying genetic resistance to chestnut
blight, and successive generations of such outcrosses are then
repeatedly backcrossed to American chestnut to recover the desirable
characteristics of the American chestnut tree while incorporating
blight resistance. It is in the interests of TACF and of the
Recipient to be able to test and observe the characteristics of
hybrids which are in the earlier stages of such backcrossing (i.e.,
the original outcross and first through third backcrosses [and
intercrosses between individual trees of the same generation of
backcrossing] since selected offspring of third backcross trees are
considered to be genetically primarily an American chestnut type of
tree).
But the Recipient and TACF
do not want the Recipient or others to use genetic material from such
early stages for propagation purposes because: (1) the Recipient and
TACF wish to preserve TACF’s rights to such genetic material; and
(2) the Recipient and TACF most emphatically do not want any person
to take such material and market it, or to market any progeny from
it; the material may not have the characteristics desired or have
characteristics that are not consistent with the goal of TACF, namely
“the Restoration of the American Chestnut”, and not a Chinese or
other type of tree; and (3) the Recipient and TACF do not want to be
identified with the distribution, increase or marketing of material
that has the potential of diluting the resident American chestnut
population in the Appalachian mountains
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