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Home My WebLink About2868 . ~ Mut 8189 2'6~DaS 20th December 72 THIS AGRF.E111ENT, m.~de ti~is _ day of _ 19 . ~K~tw~ecn STRAZZllLLA BROTH4RS CQMPANY~_JoI seph P. Strazzullai Partner _ _(,A-A36-4) ~ P. O. Box 3152,_ Ft. _Pierce, Florida 33450_ iheminafter caUed the Cm~~•er), and TROPICANA PRODUC,TS, IN('., of [3r:~denton, Florida, the Buyer_ WITNESSF.TH: Thnt the GroK•er, for and in con5ideration of the ~~ayments receivcd and to be received, as hereinatter recited, has agreed and d~,es hemby agree to sell to the Buyer aU early, midseawn nnd Valencin oranges of good whole~ome, memhantable and marketable qua?lity [rom the grove or Rro~•es hereinafter mentioned. The fruit to be pumhased, all of which fruit is to be o[ good, wholesome, snerchant~ble and marketable quality, is as follovv~: 10,000 boxes VALENCIA Oranges in the STRAZZULLA BROTHERS WMPANY GROVE located on the east side of Minute Mai~d Road in St. Lucie County, Florida. - i f i ~ ~ . ~ No fruit from any of .w•h ~r~~v~s is l0 1~ W~Id or dclivercvl by the Grower to anvone other than the Buyer, without Buyer's rsritten ° ~x~rmi.cion and ihi. entirn :~knrment is to I~e :i lirn u~~on the iruit proclumci in the .~Iwve grove or Rroves, irrespective of any subsequent tr:ui.fer of IiNe to lhem. In lhe ~~vent of any attempt to so sc•11 lo another, the Buyer shall t?e entitled to injunctive relief and if any such ::~le or delivery i~ eon~ummated, the Grow•er shall ~k~y eo ehe Buyer fifiy (5ot) cents per box [or each box thus sold or delivered, the ~~artie~ :zRreeing that such is a L•~ir e~timate of the lo,.~ to Buyer (or f:~ilure to obtain such boxes of fruit. If fire. strike, Act of God, etc. ~~revent~ Buyer from acceptin~ :im• of GroK•er'. (ruif. Buyer w~ll ~>ermit Gmw•er to sell elsewhere the amount of [rait that Buyer is so ~ ~~reveniccl from acirpting. ~ 'I'hr truil i. to fxr pi~•ked by Grower anct ic to i~ delivered by Grower to Buyer's proces.ging plant. In the event that, through cir- ~ rumstaniY~ ~~~~und his cti~ntrul, the Gruwer shall be unable to pick and luad the fruit, the But~er shall har-e the right to do so, charg- ~nk the GfON'f•r tar ~ui•h sPrvii•e~ at Buyer's cost_ In the ecent that, for reasons beyond Growers eontrol, Grower shall he unable to ran.~«~rt fhi~ fruit. Ruye~r ~hall ha~~~ fh~ riRht to Uans~wrt the truit :~nd to charRe Grower transport~tion cos4R of twenty (20t) cents ~n~r nini•1~• 19(1 Ib.! ~x~und Ix~x. In Ix,th ~•a+e~, this sh:dl Ix~ t3uyer's riRhf, but not obligation. The fruit is to be picked and cleli~•ered i< and wh~•n di~:iKn:~tecl by Ruyer bul in fhis respec•t Buyer will do his t?est b.~ccommodate himself to the convenience oi the Grower. 1'h~• Iiuy~•r ~hal1 h:i~•e the ri~hl, but r~t the obligation, to I.+ke fruit ha~•ing degre~s Brix low-er than 9.5`. He shall ha~~e the riRht, but nnt th~• uhli~;:~tion. tu taki• fruit havin~; a Rrix :i~•id r.~tio of lo~ccr than 1 I to l up to Januar~• 1 0[ each Rmwing seau~n and lower than 12 !:i(t.•r •lanu:~ry I of ~:u•h ~rowinK ~~~a~un. 13uy~~r will not Ix~ rcY~uired to tak~ any Temples. 11'Iurrntts. Tangelos. or Navel OranQes_ 'The (ruit i. to fx paid G~r a. follow~.: The Ruyer w•ill :~dvance the Gmwer ~~•E~ckly for all fruit delivered during that week at the r.?te s~ ~~l 80°;, of Bacen' s~~t markel pri~r ~~er Ex?und of .olids :d the time of deliver~-. This is to be knov?n .~.s the "tentative price." In the event $ ; f~at the fruit ha, lxrn pi~•kc~ci or tr.+ns~wrtecl, or Ix~th, by the Buyer, the ch:~rRes for au~h service ~R set foHh above are to be deducted ~ ! rom the "tentati~•e price" Ix~fom payment is made.'I'he finaf price to be paid lo the Grower will be ba.sed upon the ~mount received by ~he Buyer for fhe chilled orange juice sold. All fruit received (rom all sourcc~ (including Tropic:ina's own oranges, and all the ~ ~~ranges ihe~ may buy) will be u~eci in computinR price and all suppliers will be treated equally. The price for iruit classi6ed as ~•:~rly and midseason iruit will t?e determinc•d as one c:~teRor~• and the price tor (ruit c1a~Gified as late season fruit will be determined as a ~eparate category_ The price for the fir:st category learly and midseason fruit) wil) he computed as follows: the Buyer will deduct (rom his selling price (F.O.B. Bradenton, Florida). certain items of cost and profit as follows: ~ . For o~eratin ex ?en~ includin ilant, stora e freezin , ~ ~ 1 I K ! KI K. g ~ ~ warehou.ing, selling, admini~tration ex~~n~, etc G5~ per case of chilled juice sold ~ ~ 2. For packagin~ material~. market price of the foregoing ~ items or similar packaging as 7ropieana Products, determined by Buyer (not to be detetmined by prices charged by ` C~. BQX 338 affiliated companies) ~ 3. Profit ~~rsdenton, FlOnt~~ 33~~ 3 0 of F.O_B. selling price ~ OR # BOOK~11 PACE2859 ~ ~ ~ . ~ . ~ _e._~_ _ . _ . . : - ~ - ~