1. Agreement on Access to, and Benefit-sharing from, Teff genetic resources Institute of Biodiversity Conservation

2. 1.Parties Institute of Biodiversity Conservation, Ethiopia (Provider) Institute of Biodiversity Conservation, Ethiopia (Provider) Authority to grant and regulate access to GR and effecting the sharing of benefit Authority to grant and regulate access to GR and effecting the sharing of benefit The Ethiopian Institute of Agricultural Research (EIAR), The Ethiopian Institute of Agricultural Research (EIAR), National Teff Research Institution National Teff Research InstitutionAnd The Health and Performance Food International bv. (HPFI) (recipient) The Health and Performance Food International bv. (HPFI) (recipient) Company Company

3. 2.The Genetic resource Teff (Eragrostis tef) is a crop species of Ethiopian origin and has various attributes of interest to the food industries. Teff (Eragrostis tef) is a crop species of Ethiopian origin and has various attributes of interest to the food industries. Traditional uses: Traditional uses: Flour: I njera (pan-cake), Teff- bread, Chechebsa (Pieces of cracker with butter & spices), Genfo (Pudding) etc. Flour: I njera (pan-cake), Teff- bread, Chechebsa (Pieces of cracker with butter & spices), Genfo (Pudding) etc. Grain : Tela, Katikala (Local drinks) Grain : Tela, Katikala (Local drinks) Straw: feed for cattle, to reinforce mud and plaster the walls of tukuls and local storage facilities gotera Straw: feed for cattle, to reinforce mud and plaster the walls of tukuls and local storage facilities gotera

4. 3. Agreement of access The Provider agreed to grant the company access to Teff to develop new applications of Teff. The Provider agreed to grant the company access to Teff to develop new applications of Teff. The Company agreed to share benefits arising out of the use to the Provider. The Company agreed to share benefits arising out of the use to the Provider.

5. 4. Scope of access The Provider agreed to grant the Company accesses to 12 varieties of Teff specified in the agreement. The Provider agreed to grant the Company accesses to 12 varieties of Teff specified in the agreement. The purpose of access is for developing non- traditional Teff-based food and beverage specified in the agreement. The purpose of access is for developing non- traditional Teff-based food and beverage specified in the agreement. The company cannot use the Teff for any other purposes (e.g. chemical, pharmaceutical, etc.) without further negotiation. The company cannot use the Teff for any other purposes (e.g. chemical, pharmaceutical, etc.) without further negotiation. The Provider will not grant these varieties to other parties for the same product with that of the Company. The Provider will not grant these varieties to other parties for the same product with that of the Company. The Company is not permitted to access the TK of Ethiopian communities, it shall not claim any rights over, nor make commercial benefit out of, such TK The Company is not permitted to access the TK of Ethiopian communities, it shall not claim any rights over, nor make commercial benefit out of, such TK

6. 5. Effect of the Agreement The agreement shall not affect the sovereign rights of Ethiopia over Teff genetic resources. The agreement shall not affect the sovereign rights of Ethiopia over Teff genetic resources. The agreement shall not affect any traditional products of Teff in Ethiopia or abroad. The agreement shall not affect any traditional products of Teff in Ethiopia or abroad. 6.Transfer to third Parties The company cannot transfer Teff seed samples or their genetic components to third parties without consent from the Provider. The company cannot transfer Teff seed samples or their genetic components to third parties without consent from the Provider.

7. 7. Intellectual Property Ownership The company cannot claim IPR over genetic resource of Teff or its component. The company cannot claim IPR over genetic resource of Teff or its component. the company and EIAR shall co-own plant breeders rights over new Teff varieties. the company and EIAR shall co-own plant breeders rights over new Teff varieties. Research results be owned jointly by both parties. Research results be owned jointly by both parties.

8. 8. Benefit-sharing The company agreed to: The company agreed to: Pay annual royalty on the net profit from the sale of Teff based products. Pay annual royalty on the net profit from the sale of Teff based products. Pay annual royalty on the net profit from sales of Teff seed of new varieties developed. Pay annual royalty on the net profit from sales of Teff seed of new varieties developed. to pay to the Provider annual license fee to pay to the Provider annual license fee Share research results and technologies. Share research results and technologies. to contribute to and Solicit funding to augment Teff development. to contribute to and Solicit funding to augment Teff development. Establish Teff business in Ethiopia: Teff farming, cleaning & milling, bakeries, etc. Establish Teff business in Ethiopia: Teff farming, cleaning & milling, bakeries, etc. Acknowledge Ethiopia as source of Teff. Acknowledge Ethiopia as source of Teff.

9. 9. Duration 10 years 10 years The parties may renegotiate the agreement at the end of that period. The parties may renegotiate the agreement at the end of that period. 10. Penalty A Party that breaches the agreement shall pay a penalty to the aggrieved party. A Party that breaches the agreement shall pay a penalty to the aggrieved party. 11. Termination If the company goes bankrupt. If the company goes bankrupt. If one of the parties fails to fulfill or violates its obligation. If one of the parties fails to fulfill or violates its obligation.

10. 12.Dispute settlement Seek solution to disputes by negotiation. Seek solution to disputes by negotiation. Disputes not resolved by negotiation will be determined by an arbitration body to be established by the parties. Disputes not resolved by negotiation will be determined by an arbitration body to be established by the parties. The decision of the arbitral tribunal will be final and binding. The decision of the arbitral tribunal will be final and binding.

11. 13.Monitoring and Follow-up The company submits annual research and financial reports. The company submits annual research and financial reports. The Provider may examine at any moment, through an independent accountant, the bookkeeping and administrative details of the company. The Provider may examine at any moment, through an independent accountant, the bookkeeping and administrative details of the company. 14. Applicable Laws CBD and its relevant decisions, guidelines and lows that emanate from it. including CBD and its relevant decisions, guidelines and lows that emanate from it. including International Treaty of Plant Genetic Resources for Food and Agriculture. International Treaty of Plant Genetic Resources for Food and Agriculture. Union for Protection of New Plant Varieties. Union for Protection of New Plant Varieties.

12. 15. Lessons Learnt The need for developing ABS negotiation and administration skill.The need for developing ABS negotiation and administration skill. The need for access to knowledge (information) on market potential of intended products.The need for access to knowledge (information) on market potential of intended products. The need for access to benefit sharing experiences.The need for access to benefit sharing experiences. Better negotiation in the case of Vernonia galamensisBetter negotiation in the case of Vernonia galamensis