definiens: ) as well as an associated Intellectual Property Rights Agreement dated August 29, 2007 ( ) ; WHEREAS, a LINE ( as defined hereinafter ) has been created by SYSTEM and used by LICENSEE pursuant to the SRA ; WHEREAS, the LINE contains an ALLELE conferring photoperiod sensitivity, generally referred to as Ma5 / Ma6 ; WHEREAS, SYSTEM desires that the LINE be commercialized for the public benefit and welfare ; WHEREAS, SYSTEM has provided the LINE to LICENSEE and LICENSEE has created the EXISTING HYBRIDS ( asdefined hereinafter ) ; WHEREAS, the Parties are discussing a intended to cover sorghum lines created pursuant tothe SRA and certain sorghum lines provided under Material Transfer and Evaluation Agreements by SYSTEM to LICENSEE, and the Parties intend to include the LINE in such agreement when it is finalized, executed by the Parties and in effect ; WHEREAS, the EXISTING HYBRIDS are ready to be commercialized and this Agreement is intended to cover the interimperiod until the aforementioned is in effect ; WHEREAS, LICENSEE has represented that it has certain marketing, engineering and financial capabilities, and that itshall commit itself to a thorough and diligent program of development and commercialization of the LINE and derivedHYBRIDS for public benefit ; and WHEREAS, SYSTEM is willing to grant to LICENSEE, and LICENSEE is willing to accept, a license to use the LINE, uponthe terms and conditions set forth below