Common use of Positioning Clause in Contracts

Positioning. NF/GA993 will be positioned in the highly productive pasture grass segment with claims of higher biomass and faster stand establishment than other available switchgrass varieties, NF/GA993 will also be positioned as the premier feedstock for bioconversion in the vicinity of any biorefinery using cellulosic biomass as a feedstock around which NF/GA993 demonstrates superior agronomic performance. NF/GA993 may also be positioned as a viable alternative forage in geographies where agronomic performance is adequate. Sales of NF/GA993 is likely to be best adapted in the southern US from Oklahoma, southern Kansas, southern Missouri to the east coast and south. CERES and NOBLE will test NF/GA993 farther north into Kansas, Colorado, Missouri, and Nebraska. Testing sites may also be established in California and Idaho. CERES will work with NOBLE to identify the range of adaptation for NF/GA993. States colored in blue in the figure have the highest potential acreage. States in green and red have significant potential but relatively small current grass acreage based on USDA data as shown in the table below. These areas have significant biomass yield potential and potential for construction of biorefineries, and it will be important to evaluate NF/GA993 to determine whether it is adapted to these growing areas. KS 2,200 9,600 2,650 14,450 TX 4,700 3,200 2,000 9,900 OK 2,700 3,900 230 6,830 MO 3,700 570 120 4,390 KY 2,200 300 2,500 TN 1,850 170 2,020 ID 300 730 1,660 AR 1,330 165 1,495 VA 1,190 170 1,360 NC 680 440 13 1133 CA 520 260 12 877 GA 650 160 30 840 MS 700 90 28 818 AL 760 50 6 816 LA 400 120 95 615 SC 330 170 6 506 FL 265 14 279 3. PROMOTION Promotional activities will include: • Articles and advertising in relevant magazines • Advertising and promotions on the web • On farm testing and testimonials • Bulletins of results of state yield trials • Grower meetings