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If the undersigned owner of the MARE (BUYER)
at the time of breeding is also the Breeder of Record for the
resulting foal, and the resulting foal is born in Pennsylvania,
said Breeder agrees to pay whatever fees are necessary to
register the resulting foal as a Pennsylvania-bred.
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The undersigned BUYER covenants he/she is
the owner of the MARE free from any encumbrances and has
full right and authority to enter into this contract.
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The undersigned SELLER/AGENT,
Judith M. Barrett, covenants that he/she has full right to enter
into this contract on behalf of all owners of seasons to the
STALLION.
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The OWNER consents to the use of
tranquilizer on the MARE during breeding and the use of
ultrasonography for pregnancy.
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The undersigned BUYER agrees to make full
payment of the breeding fee to GODSTONE FARM at the
address above on or before September 1st of the year bred. A
refund of the stud fee will only be made if the foal fails to
stand and nurse.
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The OWNER shall promptly pay GODSTONE
FARM'S Boarding charges and any such charges relating
thereto for the MARE and FOAL. GODSTONE FARM
may refuse to breed the mare if any Boarding or Veterinarian
bills are not paid.
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Any fees (including boarding, foaling, and/or
veterinarian fees) must be paid in full to GODSTONE FARM
before the MARE is released to the BUYER. The
BUYER shall notify GODSTONE FARM of the MARE'S
planned departure date. If this does not occur GODSTONE FARM
cannot guarantee that the bill will be completed by the time of
departure and thus cannot guarantee that the MARE will be
released on the scheduled departure date. GODSTONE FARM
has first lien on MARE bred and the absolute right and
authority to repossess the resulting FOAL, or at
GODSTONE FARM'S option, to sell any or all of such animals
and apply such sale moneys to the payment of any amount owed by
the OWNER to GODSTONE FARM. In ALL actions,
the OWNER is responsible for all attorneys and/or
collection office fees incurred by GODSTONE FARM in the
collection of said accounts.
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If BUYER has paid all monies due and
owing to SELLER and GODSTONE FARM, and has
fulfilled all other terms, the SELLER shall provide the
BUYER with a stallion service certificate upon request.
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No party to this contract shall have any further
obligation if the MARE or the STALLION dies prior
to service or if the MARE dies after service.
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GODSTONE FARM and/or SELLER may
refuse service and have no further obligation if not satisfied
that the MARE is healthy and in sound breeding condition
or that the STALLION is healthy and in sound breeding
condition.
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If the boarded MARE is insured, OWNER
shall notify GODSTONE FARM in writing prior to the MARE'S
arrival.
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GODSTONE FARM may refuse to accept or
immediately remove any horse determined by GODSTONE FARM
to be dangerous to life and property.
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The BUYER hereby indemnifies and saves
harmless GODSTONE FARM and the SELLER, Judith
Barrett, and the FARM'S owners, directors, officers,
agents and employees and each of them harmless from costs,
expenses, damages, claims, demands and actions whatsoever
arising from or in regard to the breeding and boarding of the
MARE and any foal thereof, and the parties agree that this
clause shall survive the termination of this contract.
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The BUYER shall not be liable or
responsible for any disease, accident, or injury to the
STALLION unless caused by or arising from any unhealthy
condition of the MARE, and Judith Barrett and GODSTONE
FARM, its partners, fractional interest owners, directors,
officers, agents, employees and each of them shall not be liable
or responsible for any disease, accident or injury of or to the
MARE and/or foal, and the parties agree that this clause
shall survive the termination of this contract.
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This contract is not assignable or transferable
by the BUYER. If the MARE is entered into a sale
(regardless of whether the MARE is sold or not), or
transported out of the continental United States, the
non-Pennsylvania or published stud fee shall immediately become
due and payable. Published stud fees for 2008;
ACTIVIST
$1,500, AISLE,
CETEWAYO $2,500,
HARLEY QUINN TBD, and SPECIAL TIMES $2,500. There shall be no
refund of said fee to anyone under any circumstances regardless
of the state the mare foals, and specifically, any live foal
guarantee made herein shall be deemed to be waived by BUYER
and his/her successors and assigns.
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If BUYER agrees to the "Mare foaling in
Pennsylvania" discount the BUYER understands that the
resulting foal will be foaled in Pennsylvania. If the resulting
foal is foaled outside of Pennsylvania the amount discounted
will become immediately due.