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Home My WebLink About1714 - _ _ _ _ . - - - - - - - ~_..,r--x-~ _ - - ~ ~9 !5~' . Non~iut 3793 THIS AGREEMBNT, maae eh~ ~ 6~ aa,y ot April 1970 6etw~een NORMAN V. HUFF ~A-b37~ ot P. 0. Bax 5, Winter ~iaven, Florida 33~ (hereinatter calied ihe Grower), and TROPICANA PRODUGT3, INC., o[ Bradenton, Florida, the Puyer. - WITNE3SETH: 1~at the Grower, for and in conaideration of the payments received and to be received, as hereinafter rocited, has :~treed and does hereby agree to aell to the Buyer all eady, midseason and Valencia oranges of sood wholesome, merchantable ar.d matlcetable qoality from the grove or grovea hereinatter met~tioned. '17ie fn~it to be purchased. sll of which fnut is to be oE good. wbolesome. merchantabk and marketaWe quality. is as toliows: ~.u v~+~cv? o~ss ~ the HUFF GRAVS lauawn aa BIACIC 23 located approaimately five mil.ea. aouth of Route 70, and sppro~cimately 20 milea aouthwest oS Ft. Pierce, Florida, immediately xest of Carlton ftoad, in St. Lu~cie County. . ~ r ~ ~ . i No [ruit from any o[ such groves is to be sold or deliv~e~d by the Gmw~er to anyone other than the Buyer, without Bnyer's wrrittea ~ permission and this entire asreement is to be ~ lien upon the iruit produced in the above grove or~roves, irrespective of any aubseqoent tranafer ot tiUe to ihem. In the event ot any attempt to so sell to another. the Buyer shall be entitled lo injuactive relief end if any ~ ~ sale or delivery is consummated, the Grower shall pay to the Buyer 6fty (50~) centa per bo: for each bo os soid or delivered, the parties ageeu?R that such is a[air estimate of the loaa to Buyer tor isiiure to obtain such boxee of fn~it ~ re, strike, Act oE God, etc. ~ preventa Buyer from accepting any o[ Gmvrer's fn»t, Buyer will permit Gmwer to sell elsewhere the amotYpt ot fruit that Buyar is w I preveated fmm acceptina. ~ . The inut is to be picked by Gr.ower and is to be delivered by Grovrer to Buyer'a procesaing plaat. In the eveat that. t6muah circ~mstancgs beyond h~ rnntrot. the (3:orrer s!?eil be.~mable to pielc at~d load the trwt, the Buyer shall have t~ ~t to do so. cbars. ins the Grower for such seryice at Buyer's ooa~ Ip the ev~ent that, for reewns b~yood Gno~w~er'~ control, ~irower shall be unable to eransport ehe truik Bnyer ahap have. th. right to transp~r~ che irn~c and to char~e Grow~er transportation oqNs o~ Hfteea (i&) cents per nwety (90 1~) po~nd boz. Ia both caeea, this ahail be Buyer's ri~ht, bnt not o~i~ation. The iruit is to ~e pi~ed and delivered as and when desianated by Buyer bat in this respect Buyer will do his best to accommodate h~m~slf to tbe ow~~e of d~e Gmvver. the picking and delirery to be compieted on oi before Jnly 1 a[ the season m questiot~. Tl~e Bnyer ahall bave the riaht, but not tbe obligation, to take Irait havu'~ degnees Bri~c bvrer t6an 9.b°. He ahall have We risht, but not the obligatioa, 1o talce tmit haviaa a. Bra acid ratio o[ lowitr tt~at~~ I1 ~0 1 upl to danaary 1 of earh~~ reasan aad lo~ret tihan 1~. b 1 etEtet January 1 ot e~ach ~ season. Bqyer ~rill not be required 1~? tak~ anY'j'~P~ ~arootes. 7~n8eloa or;Nawl Os~+m~e~. : Z1ie fruit is to be pai~l for ae foUowa• The Buyer will advaace the Gmwer weekl~r tor aU f{uit delivsred du n'r~ that wreek at tl~e rate ~ of 80°J, of Buyers' spot market priee per paund ef s~lide st the time ot deliver`y. Tf~is ~s to ba knowrn a~ tbe "teot~tlte pric~e." In tbs event that the frnit has been picked or transported, or both, by the Buyer, ihe charaes for wch servioe as set torth abo~re are to be dedacted from the "tentative price" before payment ia nu~de.'17~e 5na1 price to be paid to the Grower wiU be based upoo the sawunt reeeived by the Bayer tor the chilled oranae juier sold. All truit received fmm all iources Eiaclndins Tropicat~a's own oFan~es, and ap ths oran~aa they may bny) will be used in computiaa prioe and aU wppiiera wrill be treated equally. '17ie prioe for iruit cla~siSed r early and midsea~on fn~it will be determined aa one category and the price for fnut claesified ae late season fnut w~iil be determmed as a sep~erate cateaory. 17~e price for the Srst category (eady and mid~ea~on (rWit) will beco~np~ted w[djc?~rs: tbe Bn,yer wiU dednet fmm his sellina price (F.O.B. Bradentan, Florida). certain items ot cost and pro8t as folbws: . 1. For operating e:penses. including plant. storage, treezina. warehousina, sellin6~ aiministration espensea, etc. b8~ per case of c~illed juice soW ~ 2 For packaaina materiel~ ~ martet price ot tbe toregoins items or ~imiler packa~ as determiaed by Buyer not to be . determined bS? Prios~ ~r~sd bY ~ . a8'iliated oomp~nie~) 3. Pro6t ' . 3°,j, ot F.O.B. seUin~ price 100K ~AP~f ~7J.(, _Z . - - _ ..a,~.. - . ~ ~ ~ - ~ ~ ~ .