Tablas Creek No Propagation Agreement

Buyer expressly convenants and agrees that Buyer shall use all plant materials delivered hereunder only for planting in Buyer’s own vineyards, and that Buyer shall not sell or loan, nor authorize anyone else to sell or loan any plant material delivered hereunder to any third party except as an integral part of the sale of the Buyer’s vineyard property itself on which the material has been planted. Buyer further expressly covenants and agrees that Buyer shall not use, nor authorize anyone else to use any plant material delivered hereunder for the production or reproduction, for itself or for any third party, or any plant material by cutting, grafting, layering, or in any other manner. In addition to its remedies at law, Buyer agrees that Seller shall have the right of specific performance and of any other injunctive relief to which it may be entitled, to enforce the preceding paragraph.