^Agreement Made in duplicate 
on .19..., 
by and between THE KIMBERLIN SEED 
COMPANY, Seed Growers of San Jose, Cali¬ 
fornia, hereinafter called the Seller, and... 
of ..-.. 
hereinafter called the Purchaser. 
WITNESSETH: 
1. Seller agrees to sell and deliver and Pur¬ 
chaser agrees to accept and pay for the vari¬ 
eties of seeds in the amounts, at the prices as 
set forth in attached pages, and subject to 
the terms and conditions herein provided. 
2. Seller agrees to plant, or cause to be 
planted, during the season of 19_, an acre¬ 
age of land which will produce, under normal 
conditions, an amount of seed of the varities 
herein named which will be sufficient to ena¬ 
ble the Seller to deliver the quantities of the 
seeds herein contracted for; and the Seller 
agrees to deliver as soon as possible after har¬ 
vest, such seeds in good merchantable condi¬ 
tion, as herein defined, F. O. B. growing sta¬ 
tion, containers extra at cost, and not return¬ 
able. The term “in good merchantable con¬ 
dition” is defined as seeds properly cleaned 
for seeding purposes, approximately free 
from foreign seeds distinguishable by their 
appearance and of a germination equal to the 
fair average germination of the crop of the 
current year. 
3. In case of partial or total failure of any 
or all crops planted, or caused to be planted 
by the Seller for the purpose of producing the 
varieties of seeds herein named, or, in case of 
damage to, or destruction of the Seller’s seed 
stocks before planting, or to the products of 
such plantings, or to any seed through fire, 
accident or other casualty beyond Seller’s 
control, the Seller shall be obliged to deliver, 
if at all, proportional quantities only, and, in 
any event, the Seller shall have the right to 
reserve an amount of seed equal to that used 
in said planting. 
