Alert

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=90 BGCOLOR="#006699" TEXT="#080000" background="4b3a45a3.jpg"> <div> <I><B>  Exotic Bird Stores </B></I></div> <div> <TABLE BORDER="2" CELLPADDING="2" CELLSPACING="1" WIDTH="473" BORDERCOLORLIGHT="#C0C0C0" BORDERCOLORDARK="#808080" FRAME="BOX" RULES="ALL" HSPACE="0" VSPACE="0" > <tR> <tD VALIGN=TOP HEIGHT= 28 WIDTH="71"><div> <A HREF="id27.htm" TARGET="_top" TITLE="Contracts"><B>Contracts</B></A></div> </tD> <tD VALIGN=TOP WIDTH="71"><div> <A HREF="id26.htm" TARGET="_top" TITLE="BREEDER/BROKER AGREEMENT"><B>BREEDER/BROKER AGREEMENT</B></A></div> </tD> <tD VALIGN=TOP WIDTH="71"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="28" ALIGN="bottom" WIDTH="71" HSPACE="0" VSPACE="0"></tD> <tD VALIGN=TOP WIDTH="71"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="28" ALIGN="bottom" WIDTH="71" HSPACE="0" VSPACE="0"></tD> <tD VALIGN=TOP WIDTH="71"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="28" ALIGN="bottom" WIDTH="71" HSPACE="0" VSPACE="0"></tD> <tD VALIGN=TOP WIDTH="71"><div> <A HREF="index.htm" TARGET="_top" TITLE=" Exotic Bird Stores "><B>  Exotic Bird Stores </B></A></div> </tD> </tR> </TABLE></div> <div> </div> </td> </tr><tr> <td valign="top" width=210 BGCOLOR="#FFFFFF" TEXT="#080000" background="4b4d2b03.jpg"> <bR> </td> <td valign="top" height=390 width="100%" BGCOLOR="#FFFFFF" TEXT="#080000"> <bR> <div> <TABLE BORDER="0" CELLPADDING="1" CELLSPACING="1" WIDTH="628" BORDERCOLORLIGHT="#C0C0C0" BORDERCOLORDARK="#808080" FRAME="VOID" RULES="NONE" HSPACE="0" VSPACE="0" > <tR> <tD VALIGN=TOP HEIGHT= 2582 WIDTH="592"><bR> <bR> <div> <B>It is often desirable to place a bird into another facility for breeding purposes. As such breeding loans are becoming more and more common in American aviculture as AviculturistS continue to specialize in certain birds or as certain species become more and more difficult to find domestically. Whenever a bird or birds are "loaned out" for purposes of a breeding loan, it is critical that the parties fully and completely memorialize their agreement in a Breeding Loan Contract. The Contract here is meant to cover and address most issues concerning the typical breeding loan. This Contract should be used as is, or modified per the directive of the parties to the loan agreement to insure that there is a clear, concise written record of the agreement between the parties.</B> </div> <bR> <div> <B>This Agreement is meant to be used as a guide for preparation of a legally-binding document. For legal advise on the terms, conditions and ramifications of the terms of such an agreement, you must seek formal legal counsel from an attorney of your choice.</B></div> <DIV ALIGN="LEFT"></DIV> <div> <B>BREEDING LOAN AGREEMENT</B> </div> <div> 1. As herein referenced, the parties to this agreement are identified as follows:</div> <div> TRANSFEROR: _____________________ </div> <div> (Bird Owner)</div> <div> TRANSFEREE: _____________________</div> <div> (Facility Provider)</div> <div> 2. This Breeding Loan Agreement is acknowledged and affirmed as being a complete description of the terms and conditions regarding transfer of possession of the following birds by transferor to transferee:</div> <div> Species Sex ID</div> <div> ___________________________________ ________ _______</div> <div> <B>________________________________ _______ ______</B> </div> <div> <B>________________________________ _______ ______</B> </div> <div> 3. It is hereby acknowledged that this breeding loan transfers only possessory and use rights to the above-referenced birds. Title and ownership to the above-referenced birds does and shall remain with the transferor unless otherwise provided for herein.</div> <div> 4. This breeding loan shall commence on and shall terminate on or before years from date of signing and execution, unless otherwise extended by the parties hereto prior to its termination date or terminated by terms contained in this Agreement.</div> <div> 5. Upon termination of this Agreement, transferee shall return to transferor the above-referenced birds at a time and place mutually agreeable to both parties, not to exceed 30 days after the termination date. If shipping is required to return the birds to transferor at the termination of this agreement, or if chicks produced under this Agreement are to be shipped or transported from transferee to transferor, transferor agrees to pay for all shipping and cargo charges to effectuate transfer of the birds herein referenced.</div> <div> 6. While this Agreement is in effect, transferee agrees to pay for all food, housing, materials and attendant care expenses for the maintenance of transferred birds. Feeding and care of the transferred birds shall meet or exceed the current industry standards for same, and may further be directed by transferor on written notice or request to transferee. In addition, transferee agrees to supply, at his own cost and expense, with no credit or offset to transferor, all incubation and raising equipment and facilities necessary to incubate, hatch and raise chicks produced from the transferred birds, using due care and current industry standards and practice. </div> <div> 7. If transferee determines, at his/her sole discretion, that veterinary care is required for the transferred birds, transferee agrees to inform transferor immediately of this determination and transferor agrees to pay for all veterinary and/or medical care required to assure the health and well-being of the transferred birds. Should an emergency medical situation arise concerning the transferred birds, then transferee may seek veterinary care for the transferred birds without prior notification to transferor, and all emergency veterinary/medical expenses shall be paid by transferor. Copies of all veterinary reports, culture results, treatment records and/or necropsy reports prepared on any of the transferred birds, whether due to sickness or death, shall be sent to transferor by transferee immediately upon receipt.</div> <div> 8. Transferee agrees to indemnify and hold harmless transferor against any and all claims, including but not limited to claims for personal injury, wrongful death, property damage or damage to animals or other losses, costs and expenses (including reasonable attorney's fees) included, which may be brought by third parties arising out of or in connection with this Agreement or the loan of the bird(s) herein referenced.</div> <div> 9. Transferor agrees and hereby holds harmless transferee against any and all claims, including but not limited to claims for disease, property damage or loss, arising out of the care, maintenance and treatment of the birds transferred hereunder, including claims for loss due to disease, escape, death or theft. This agreement to hold harmless applies not only during the term of this breeding loan agreement, but extends to the time following termination of this agreement.</div> <div> 10. Transferee agrees to inform transferor immediately of any and all eggs laid by any of the transferred birds and of any chicks successfully hatched by the transferred birds or by transferee, if artificial incubation equipment is used in the incubation and hatching of eggs from transferred birds.</div> <div> 11. Death or incapacity of the transferor shall terminate this agreement and shall entitle transferor's designated representative or estate to immediate possession of all birds referenced herein.</div> <div> 12. Death or incapacity of the transferee shall terminate this agreement and shall entitle transferor or transferor's designated representative or estate to immediate possession of all birds referenced herein.</div> <div> 13. If, at the sole discretion of the transferee, for whatever reason, the transferee wishes to terminate this agreement prior to its stated termination date, transferee shall notify transferor in writing of said voluntary termination with a minimum of thirty (30) days notice prior to the termination date and the terms and conditions contained in Paragraph #5 shall become effective upon such notice.</div> <div> 14. If, at the sole discretion of the transferor, for whatever reason, the transferor wishes to terminate this agreement prior to its stated termination date, transferor shall notify transferee in writing of said voluntary termination with a minimum of ninety (90) days notice prior to the termination date and the terms and conditions contained in Paragraph #5 shall become effective upon such notice.</div> <div> 15. The following terms shall control the distribution of chicks successfully produced by the transferred birds during the term of this Agreement:</div> <div> (The agreed-upon split of chicks produced from the birds is a negotiable item. The 50/50 split below is typically the agreement used in most breeding loans)</div> <div> There shall be a 50/50 split of all chicks produced by the transferred birds. In other words, every other chick, or the sales proceeds therefrom, shall be given to transferor, at transferor's sole option. Chicks from the transferred birds shall be hatched and raised by transferee at his sole expense, under the terms and conditions of this agreement. Transferor may take possession of his share of the chicks so produced and raised at any time he wishes, at the sole and exclusive discretion of transferor, pursuant to the terms of paragraph #5 of this agreement. If transferor desires transferee to sell his share of the chicks so produced, then transferor shall notify transferee of this desire as soon as reasonably possible and transferor shall have the exclusive authority to set the sales price for his chicks, notwithstanding any sales price which transferee may sell his own chicks for.</div> <div> 16. Regardless of the conditions and circumstances surrounding the execution of this Agreement, the parties hereto agree that the interpretation and enforcement of this Agreement shall be governed by the laws of the State of __________, and any suit instituted by either party to enforce any term, condition or clause of this Agreement shall be filed in the appropriate Court in the County of __________.</div> <div> 17. In the event that either party hereto must file suit, as referenced in paragraph #16, to enforce the terms of this Agreement, it is agreed that the prevailing party shall recover all costs, including attorney's fees, associated with said enforcement from the losing party.</div> <div> 18. It is hereby specifically acknowledged by both parties hereto that this Agreement does not create, nor is it meant to create or imply, any partnership or joint venture between the parties. The parties hereto specifically waive any and all rights that they may have under law or equity to claim or allege that a partnership or joint venture has been created by this Agreement.</div> <div> 19. This Agreement has been read and understood by both parties hereto, and by executing this Agreement, the parties agree that all terms and conditions contained herein are acceptable and binding. </div> <div> 20. This Agreement is acknowledged and affirmed by the parties hereto as being a complete description of the terms and conditions concerning the Breeding Loan herein referenced. All other terms and conditions, either verbal or in writing, are void and superseded by specific terms of this Agreement.</div> <div> 21. Neither this Agreement nor any rights or privileges granted hereunder shall be assigned by either party hereto without the prior, written permission of the parties.</div> <div> Dated: _____________ ________________________________</div> <div> TRANSFEROR</div> <div> Dated: ____________ ________________________________</div> <div> TRANSFEREE</div> <bR> <div> <I><B>Last Updated May 17, 2000 by </B></I><FONT SIZE="3" COLOR="#0000FF" FACE="Arial" ><I><B><U>Larry Ring</U></B></I></FONT><I><B> </B></I></div> </tD> <tD VALIGN=TOP WIDTH="22"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="2582" ALIGN="bottom" WIDTH="22" HSPACE="0" VSPACE="0"></tD> <tD VALIGN=TOP WIDTH="4"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="2582" ALIGN="bottom" WIDTH="4" HSPACE="0" VSPACE="0"></tD> </tR> </TABLE></div> <bR> <bR> <bR> <bR> <bR> <bR> <div> <I><B><U> <img src="HTMLobj-373/aniGif.gif" alt="WWW by Cherane Pefley " border="0" align="bottom" width="67" height="50">  </U></B></I><FONT SIZE="1" COLOR="#000000" FACE="Arial" >This site was designed and built by: Cherane Pefley Copyright © 1999-2000. 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