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Home My WebLink About0395 y 'i . . . . _ . .iVM ~ , . TROPICANA PRODU~I'S, INC. FRUIT PURCHASE CONTRA~'T - Contract xa ?'~~5 Tffis AGRa~N'r. made this 15 a+u? ot 1~~+ - T~iHTTwR1~R [~t~VES TI~T(' ~.T W Whi t.akt~ri Praai dwnt P. 0. Box 1272. Winter Haven. Florida ~ ~~satta' cy~lled the Grower). ~nd TROPICANA PRODU~.'1'S? IIdC.. ot Brad~atoo. ~da. the Buqrcr. WITNE88ETH: T6at the Grower. tae and in co~dde~atloa oi the P~Ymenb recetved and t~ be reo~ivea. as ~ ndt~al. lus ~ sgreed and does ~?ereb7 agree to aell to the Bu~er all dtrus iruit ad ~ood ~vholeaame.~ mercbaatable and mark~etsble - awh~ol~ ma~i~chaa~le aad~~marl etaWe Quallt'. ~a~s follows: ~0 ~ '~ttr~~ased all oi which ltuit b to be oi ~ood. i All of the ORANGES in the i~1HITAI~B C~OVffi, INC. (~tOVE, Totaiahip 5, 3ection 37, Range 38, approximately fiPteen a31es south xest of Ft. Pierce, Florida, on Carlton Roac~ (~lpat Development) of St. Iucie County. , ~ ~ No fiuit irom anY oi such groves is to be sold or delivered ~ the Grawa to anyo~e other than the Buyer. without . Buyer's written per~nission and tbia entire agreement is to be a en upon the fivit produced in the above grove ar grovps. In the eveat of an~ atteaapt to so aell to another, the B er shall be entitled to in~nctive reliei and ii an~ auch sale or deliverY is oonsuumated, the Grower shall paY to the~ ~ity (50t)~pe~ boz tor each boz thus aold o~ delivezed, thepart~es agi~eeing that such is a fair e.gtimate o~ the loss to Buyer for iailure to obtain s~h bozes oi ~ If Sr~ atrik~ ~ict oi God, etc. prevenb Buyer irom a tiug a~y of Gmwer's iruit, Buyer will perinit Gravver to sell clae- where the amount oi fcuit tt:at B~er is sopre vented~ acoePting. ' The ituit is to be Picked M! Grower and is to be delivered by Grow~ to B~ee's proce~sing F1ant Ia the e~teat that, prc~zostancea be~oad his oontrol, the Grower sball be unable to picf~ ~d load the Lvi~ the B~~er ahall .~ave ~t to do ao. cl~ gmg the Gmwer for sudi service at B~es's ooat. Ia the event that, ia~ reaaons beyond Grower's oontrol, Grower hall be unable to transport the fruik Buyer shall have the rigLt to rt the inut and t~o charge Gmwer bon oosb oi ten (10t) cents pern~n~y (90 lh) Po~d B~er's righk but not obliga on. The inut is to be picked and delivere~ as and when desiBoated b7 BuYer but in thia respect BuYer will do his b~at to acoommodate himael! to the oonvenieaoe ai the Grower. the picking and delivery to be oo~mpleted on ~ before July 1 oi the seaaon in queation. The Buyer shall have the ri~k but not the obligation, to take iruit having de~cees Brix lawer than 9.5• up to Januar9 1 01 each girowing seaaon aad lower than 9• atter January i oi ~ch growinS ceaaon. He shall have the rlght, but not the obligation.. to take Lvit having a Bria acid ratio o! lower than 11 to i up Lo JannarY 1 0~ ~ch BrowinB season and lower than 1~ to 1 aiter Januar9 1 of each gmwing season. Btqrer wIll not be required to takeany Temples, Murootta or Tangelces. The iruit is to be paid far as follows: The Buyer will advance the Grower weel~ly ior all fruit delivez+ed durlnB that week at the rate o! twenty (20) cents P~ ~und solids. This is to be lonown as the "tentative prloe". Ia the eves~t that the iruit has been Picked or trans_ ported, ~ both, bT the B~'. the char~es ior such service as set iorth above are to be deducted from the "tentative price" before payment is made The ~inal pnce to be paid to the Grower will be based upon the amount received by the Bua+er !or the ch~7ledoran~ e imce sold. All iruit received from all so~ tin- i clndin8 ~S~+OPicana's own oraagea and all the oranges maY buY) wi11 be us~d in oomputin~ price and all suppliees will be tr~eated equal~Y.. The prlce for iruit classi~ified as ear and mid-season fivit will be determined as one cateB~9 ~ the~~e for lruit clas~f'ied aa late aeason lruit wiU be determined as a te category~ The price, for the fuat category (ear~Y and mid-aeaaon - iruit) will be computed as follows: the Bnyer ~ deduct irom his se11in6 Pnce (P'.O.B. Sradenton. - Florida) certain iteTns of uost and pmKt as follows: . 1. For operating e~pens~, including plank storage, lreezing ai blocks. warehousin& aellin administration espe~ses. etc. 52~ per case oi prodttct aoid ~ 2. For packaging, including but not limited to bottle, caR Partitions market W'ice oi the foregou~g itema (not to be detezmiaed by ptices char~ed by affili- ted ) ~ 3. Proft lOt P~ case oi Product aold i The average netpn ce per eallon oi all the chilled juioe sold by the Buyez between December 1 and Mamh 31 (aft~r ~ the above deductions) will be multiplied by the number oi gallons yn'elded by all of the early and mid-season iruit re- ceived irom all aourcea. Then, the perpo und solids price for all suppliers equaUy will be an~ived at by dividiug such total priceby the number oi pounda oi solids in the total gallons yielded. The amount owed by the Buyer to the Grovver tar the ear~Y and mid-seaaon truit will be the Prire P~ P,ound oi solids thus arrived ak times ffie Pounds oi solids yielded_ by the early and mid-season iruit delivered to and received by the Buyer !mm the Grower. From this iinal prlcoe th~e sdali be dedacted. bdorepaym ent, any c~oat ot picking~ loading~ or tranaporting that may be ~ due to the B~y?er and less ~an~? advances made and less the per box amount of the State Advertising Ta~c. In arriving at the pr~ce for the seoond category oi lruit described above. that is the late season inut, the aame method ahali be used, ezcept that it shall be based upon~~r~ducts sold the Buyer between A~ril 1 and November S0. ~ Tbe amount due tor the two categories shall be the 8nal p~ce for all oranges receaved by the Buyer i~rom the Grower for tt~ season. PromDuY atter a determination oi such Snsl Pric~ the Parties sha11. bY PAYment, settle the amounts du~e betwea? ffiem by Janusi7 15. ~ R 165 PAGE 394 - 600K - - ~ _ _