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Home My WebLink About0945 , ~ , fS f 2'7'7'7~2 - ~ Non-Mut 3436 i THIS AGRF.ET•IENT, m.~de ihis __?Oth day or _ December 1g73 . ~~tH~~n _~T~R B. HANSEN, Eddie Jones~A~ent (R-027-5) 4280 N. Ocean Blvd., 22-D Plaza South, Ft. Lauderdale, F1. 33308 ; „f - - - - - - - - - i hcminafter ~•aUccl th~ Gmwer), and TNOYIC'ANA PRODLJCTS, INC., of Iiradenton, Florida, the Buyer. ~ i ~VITNF.SSETH: ? 9 That the Gm~ver, for and in consideration of the ~kiymenis rnceived and to be received, ~s hemina[ter recited. has agreed und j does hereby .+gme to sell to the Buyer all e:~rly, midse.iwn and Valencia oranqes of good wholesome, merchantable and marketable q~ality from the grove or gmves heminafter mentioned. The fruit to be purcha.sed, all of K•hich fruit is to be o[ good, wholesome, ~ merchant.~ble .ind m.irketable quality, is as follows: All ~~AI~II.IN, PINEAPPLE ~ VALENCIA ORANGES in the ARTHUR B. HANSEN GROVE known as the GAUNITZ GROVE located on Seminole Road, being in St. Lucie County. Tropicana Products, Inc. Participation price to be no less than forty-five (45~) cents per pound of solids delivered. This applies to the 1973-1974 season only. . - ~ ; ~ . ~ ~ No fruit from :~n~• of ~uch ~;ro.•e: is to 1?e w?ld or deli~•erecl by the Grower to anvone other than the Buyer, without Buyer's written ; ~,ermi~sion and this entire afirc•ement i~ tu 1,e a li~~n u~x?n the (ruit pnxluircl in !he alwve gmve or groves, irrespective of any subsequent tr:m.fer nf title to thc•n~. In the e~~~~nt of am• :+lternpt to so sell to another, ihe Buyer shall be entitled to injunctive reliei and if any such ~,~le or d~li~rn~ i~ cvnsummatecl, the Gro~~•er .hall p.~y to the Buyer fifty (50~) rents per box for each box thus sold or delivered, the ~~:~rties .~grErin~ fh:~t .u~•h i. a f:~ir estimate of the Ims to Bu~~er for failure to obtain such boxes of fruit. If 6re, strike, Act of God, etc. ~~rc~•~•nt. [3uyer fmm ac~rptinF am~ of Grow~r'. truif, Buyer will ~~ermit Gmwer to ~ell elsewhere lhe amount of fruit that Buyer is so ~ ~~re~•enfcYl from ac~~epting. '1'h~~ fruit i. to t~e ~~i~•kc~cl hy Grower and is to Ix~ deliverc~l by Grawer to Buyei s processing plant. In the event that, through cir- ' ~ um.lani~w IK•~~und hi~ cti~ntrol. the (;ruwer shall he unaMe to pick and load the fruit, the Buyer shall ha~•e the right to do so, charg- u~~; th~~ Grnwer (or ~u~•h .er~~icc~ at Kuyer'~ cosl. In the event that, tor re.isons beyond Grower~ control, Grow•er sh~ll be unable to r r:~n.~w~rt th~• fruit. Ruyer ~h:~ll h:~~•e the riRht to trans~wrt the fruit and to charRe Gmw•er trans~wrtation costs of twenly ~20f) cenL~ i~~•r nint~ty 1'N) Ih.1 ~x~und IK,x_ In Ix?th ~•a,es, this shall I~e Ruyer'~ right, but not obligalion. The truit is to bc picked and ~ieli~~ered - and ~ch~•n dc~si~naletl hy Rtn~er but in thi~ re•s~x~•t Buyer H•ill do his best to accommodate himself to the conven~ence of the Grower. i f'hE~ Bu~~ r~hall h:~ve thc riRht, but not the obli~ation. to take fruit having deRrees Brix lower than 9.5'. He shall have the right, but ' n~~l th~• ~~hliRati~~n, tu take fn~it h:~vink a Rrix .~cid ratio of low~er than 11 to 1 uii to.lanuar~ 1 of ench Rrowing se.~con and lower than 12 ~ i~~ I aft~•r •l:~nu:~n• 1 u( i.u•h ~~or~•inK u~:~~un. Ruy~•r w•ill nut fx~ required to take any Temples, 1~(urcotts. Tangelo~, or Na~•el OranRes. ~ ~ i The fruit i. to 1K~ p:~id for a. foUoµ•s: The Buyer will advance the Grower ~eekly for all ~ruit delivered during that week at the r~te ~ ~~f t30°;, of Boyer: c~wt mark~t pri~r ~xr }x~und of solids at the time of dclivery. This ~s to be known as the "tentalive price." In the evenl ~ il~:d the fruit ha~ t,e~•n pickcxl or Uuns~~rted, or twth, by the Buyer, lhe charges for such service as set lorth above are to be deducted ~ ~ y~ t n~m the "lentati~•e price" Ix•tore p;~yment is made_ The final price to be paid to the Grower will be based upnn ihe amount received by ~ rhe Buyer for the cFiillecl orange juice sold. All fruit received Irom all sources (including Tmpicana's ovrn oranges, and al) the ~~ranges thet~ may buy) wil) be used in computing price and all suppliers will he treated equally_ The price for fruit classified as ~ f:irly and midse:ison fruit will be determined as one categon~ and the price for fruit clac~ified as late season fruit will be determined as a ~ ~e~k-~rale categon•. The price for the fin! categor~• (early and midseason fruit) will he computecl as follow=: lhe Buyer will deduct from his selling price IF.O-B. Bradenton. Florida), certain items of cost and pro6t as follows: ~ .u~ # - 1. For operatinR ex~?enses, including plant, storage, freezing, ~ warehousing, sellin~, administration ex~~enses, etc. 65t per case o[ chilled juice sold - ~ 2. For packaging m~terials. market price of the toregoing ~ items or similar packaging as ~ r - ~ determined by Buyer (not to be ' ~~r. .-r" ~~~~(`,~NA ~(t~~~~ ~ determined by prices charged by ~ _ ,B~X affiliated companies) r < ~ 3. Profit 'BRROEN7'ON~ 'fl.ORtDA 3 0 of F.O.B. selling price ; . - • _ , ~ ~ : • ao~c 225 ~xcr _ _ - t}:~ _ e Y~~'~' > ~ u t s a,~~~,*°'~~, ti ~s ; r t _ ;s=~=,' f"~~ - - _ _ _ _ •.a. g :-a_ .,x . < _ . _ .