Ejerforeningen Æblehaven

Zespri Licence Agreement

(b) In August 2012, Mr. Gao exported the G3 and G9-Budwood from New Zealand under this agreement and made Mr. Shu available to China; As announced in December, Zespri`s board of directors approved the release of the Zespri Red license in 2020. Zespri will allocate 150 hectares to Zespri Red in 2020. Based on the current expected demand of 15 million tray-markt for Zespri Red in Asia, Zespri plans to concede 1,500 hectares from 2020 to 2023. This depends on Budwood`s availability of quality and the normal annual verification process that is conducted at the end of each sales season. SunGold and De Zespri Red`s licences will both be implemented at the same time as a closed tendering process from April 3 to April 17. 2020 Zespri has demonstrated that it has authorized its rights on the basis of hectares available for plants; the judge accepted it and awarded damages to Mr. Gao, Ms.

Xue and Smiling Face $14,894,100. The judge also issued a permanent injunction to prevent Mr. Gao, Ms. Xue and Mr. Smiling Face from continuing to violate Zespri`s PVR rights. In the case of leased orchards, a tenant must induce the landowner to enforce recognition of the existence of the licence and the various rights of Zespri under this agreement. Tenants and landlords should also be aware of their rights and obligations with respect to the Gold licence in the event of the expiry or termination of the lease. Differences of opinion have led to quarrels in the past. Even with the cost of a good green orchard at about $500,000 per hectare, plus the cost of the license and the shortfall until the orchard matures, the numbers are still good for the SunGold conversion.

Mr. Shu showed Zespri four orchards he owned, all four orchards had G3, on which G3 grew and contained a few g9. The timing of planting in one of the orchards coincided with Mr. Gao`s trip to China to sign the licensing agreement with Mr. Shu. The evidence showed that in 2016, Mr. Shu discovered that Mr. Gao was not entitled to a G3 licence.

Mr. Shu`s panicked messages to Mr. Gao, after learning of this, and the age of the fruit in Mr. Shu`s orchards indicated that Mr. Gao was the most likely source of the fruit. Each fruit and horticultural operation is centred on a sales and sales contract.