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Home My WebLink About2859 . ~ 1 262302 Non Mut 8361 THIS AGREEAIF.NT, macle this 28th day ot _ "juIIe 19 73 , TEN MILE CREER GBOVE, INC. , Bernard Egan, _Secretary _ (A-A94-5) ____1900 Old Diaie_Highway, Ft. Pierce, Florida_33450_ _ _ ~ hemimdter c;~llcYl the Grow•er1, and TROPICANA PRODtJ(TS, INC_, of Rradenton, Florida, the Buyer. WITNESSETH: Th~t the Grow•er, for and in considerntion of the paymen~s received and to be recei~•ed, as hereinafter recited, has agreed and does hereby agree to sell to the Buyer all early, midseason and Valencia oranges of g~x,d wholesome, merchantable and markelable quality from the grove or groves herninafter mentioned. The fruit to be purchased, all of which [ruit is to be of good, wholesome, memhant~ble and market.~ble quality, is aS follow^s: 50,000 boaes cambination of ~~AMLIN and PINEAPPZ.E ORANGES. 50,000 boaes VALENCIA ORANGES. ' This contract begins with the 1973-1974 season. ~ i . ~ 3 f ; ~ No fruit (rom :~ny of such Rmvc~ is to lm vild or deliverecf by the GroH•er to anvone other than the Buyer, without Buyer's written # ~ ~~ermic~ion :ind thi~ ~•ntim :~~rc~rment i. lo Ix~ a lien u~~on the fruit pu?duc~ed in the at~ove grove or groves, irrespective ot any subsequent ~ tramfer of tille to them. In tht• e~•ent uf any :~tlempl to so sell to another, the Buyer shall he entitled to injunctive relie( and if any such f ~ale or deli~-ery is ~~onsummated, the Grower shall ~~.~y to the Buyer fifty (50t) cents per tw: for each box thus sold or delivered, the ~ p~rties a~meing that su.•h i~ a f.~ir i~timate of the lo.. to Buyer for fail:rre~to obt:~in such bo:es of fruit_ If 6re. strike, Act of God, etc. } ~~re~-ent~ Bu~•er (rom ai•~rptinR :my of Gm~eer + fruit. Buyer will permit Grow•er to sell elcewhere the amount of fruit that Buyer is so ~ ~~revent~~c1 (mm accepting. 'fhe fruit i~ Io he pickMl by Gnrv?er and is to 1?c~ delieered bt Grower to Iiuyer g processinq plant. In the event that, thmugh cir- ~ ~~umstanc-~w Fx•~~urn! hix rnntml. the Grow•er shall t~e unable to pick and luad the fruit. thc~ Buyer shall have the right to do so, charg- ~ ~n~; the Grower for w~•h serviiY• at Buyer'+ c~ost_ In the event that, for reasons beyond Gmw•er's conirol, Gruwer shall be unable to ~ ir.~n~~M~rt Ih~• fruit. Ruy~r •h:Jl ha~•e Ihe~ riRht to tr.~ns{wrt th~ fruit and t~ charRe Grower trans~~drtation costc of twenty (20~) cents i ~K•r nin~•~~~ ~!N~ Ib_1 ~aund IN?x. In tx~lh ca`e., this shall 1?e Buyer's right, but not obligation. The fruit is to Ix~ picked and delivemd i and ~~hrn dc•.i~nalcd h~• Bin•c•r but in this re.~x~t [3uyer v?•ill do his best to accommodate himself to the rnm~eniencr of the Gruwer. ~ f'he• Ruc~•r ~h:dl h:+~•c !hc right. hut not th~ ol:ligation, to la~ke fruit havinR degrees Brix lo~+er than n.5'. He shall have the riRht, but : n~~t th~• ~~hliratinn, to I:~k~ fruif havin;; a Brix acid r.dio of lo~+•er than 11 fo 1 up to .Ianuary 1 of each ~rowing ~ason and lower than 12 j i~~ 1:ift~•r Janu:~ry 1~~f ~•:u•h ~roa~~in~ ~:~.un. Buy~•r ~•ill not )x• rc~uireci to take any Temples. 1~4umotts, TanRelas, or Na~~el Oran~es_ ; . ~ ) The fruit i~ fo 1~ paid for a. f~~llu~~s_ The Buyer will advance fhe Gmwer w~eekl~• for aU fruit delivered durinq that week at fhe rate f l ~~f t3[1?o of Buven.-' .~~oi market pri~r ~ic r ~x~und of solids at the time of delivery. This is to be known as the "tentative price." In the event ~ ~ that !he fr~t ha. Ixrn pii•kecl or tr:in.~~rted, or both, h~- lhe Buyer, Ihe char~es for such service :~g set forth above are to be deducted ~ t rum the "tentatiee price" t~fore pa~•ment is ~nacle. 'I'he fina! price to F?e paid to the Grow•er will be tk•tsed upon the amount received by ~ the Buyer for the chilled or.inge juice sold. All fruit received trom all sources (including Tropicana's own oranges, and all the oranges they may buy) will be usecf in computing prirn and all suppliers will he treated equalh. The price for fruit classified as ~ c~arly and mid~eason fruit will be determined :~c one cateRory and the price (or fruit clasyified as late season fruit will be determined as a ~eparate categon•. The pri~r for the 6rst category (earh• and midsea~on fruit) will be computed as tollows: the Buyer will deduct from his selling price (F.O.B. Bradenton, Florida), certain items of cost and profit as follov~s: ~ ~ ~ { 1. For operating ex~~enses, includin~ plant. storage, treezing. . i ~ Karehousing, ,ellin~;, adminisUation ex~~en~s, etc 65t per case oi chilled juice sold ~ 2_ For packa~inR materials. m~rket price of the foregoing ~ ~ items 'or similar packaging as i T~O~?1Cai"i3 ~~~Gl)f.+~, ~~C. determined by Buyer (not to be ! BCX 3~$ determined by prices charged by - ~ affiliated compames) ~ ~tadento~ Flanda 3~~ob ~ 3. Pro6t . ~ 3°J of F.O.B. selling price t ~ . • - R ~ ~ ~OOK 2~~ PAGf ~G,~~O ! ~ ~ _ . . ~ _ _ _ . . , - . . _ 5~.~