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Home My WebLink About0964 2~'7`728 Non-Mut 5435 THIS AGREE1~lENT, made thi~ 19th d~y or _ March lg 7~4 ~ iK.,,~.~,~ __~1AGGIE GROVES. _ INC. ~ Cecil T. Cameron~, President '~A-B57-5) _P . 0. Drawer L, Titusville, Florida 32780 ! hereinafter calleci the Growe~), and '1'ROPICANA PRODU(.TS, 1NC., ot Bradenton, Florida, the Buyer. WITNF.SSF.TH: That the Gmwer, fur and in eonsideralion of !he µ~yments received and to be received, as herninafter recited, has agreed and does hernby agree to sell to ihe Buyer nll early, midsea.son and Valencia oranges of good wholesome, merchant~~ble and marketable quality Irom the grove or groves hereina(ter mentioned. The truit to be ~wrchnsed, all of which truit is to be o[ good, wholesome, merchantuble and m<~rketable qualily, is as follows: All VALENCIA ORANGES in the MAGGIE GROVES, INC. GROVES located approxi- mately twelve miles east of Okeechobee City, south of State Road 70 on Blue Field Road, being in St. Lucie County. . ~ ; E ~ ~ ~ 3 ~ No lruit from :my of ~ui•h Kruvi~. ic lo be ~old or deliverecl by the Grower to anyone other than the Buyer, wilhout Buyei s wrilten ~ H~rmiti~ion :md this entirn a~mement i~ to ix~ licn u~x?n the fruit pmdu~rd in the above gmve or gmves, irrespective of any subsequent i ramfer of tide to lhem. In the e~•ent of anv aUempt to ~ sell to a~nother, the Buyer shall be entitled to injunctive rnlief and i( any such ,:~le ur deli~•en~ ic consumm:~tecl, the Grower shall pa~ to the Buyer 6tly (50~) cenLs per box (or each boa thua sold or delivered, the ~~:~rties aRnrinR th:~i ~uch is a f:?ir e~timate of fhe Ic~s to Buyer for G~ilurn to oM~~in such boxes of fruit_ If &re, strike, Act of God, ete_ ~~re~•entc Buyer from accepting any of Growrr's truit, Buyer will ~~ermit Gm~ver to sell el.sewhere the amount of (ruit that Buyer is so ~~reventcd frum .~cceptin~. 'I'hc~ (ruit is to tx~ pi~•kecl by Grower and i~ to tx~ delivered by Grower tu Buyer's processing plant_ In the event that, through cir- ~ umstani•~~s }n~yund his cy~ntrol, the Crower shall be unable to pick and load the fruit, the Buyer shall have the right to do so, charg- ~n~; the Cruwer for ~uch urvice al Buyrr's c-ost_ In the event that, for reasons beyond Grower's control. Grower shall be unable to ~ r:in:~r~rt Ih~• fruil. Ru~~er sh:~ll h:~v~ the ri~ht to tr:~ns~?ort the fruit and to ch~r~e Grower transport~tion cos~s of twenty (20t) cents ~~~•r ninc~i~ 190 Ih.) ~~und IK~x. In tx~th i:~u~, this .h:+ll t?e Buy~er's right, bul not obligation. The (ruit is to F?e picked and deln~ered i. and h~•n dc~.ikn:~ted by Buyer but in thi. res~~ect Buyer wilt do h~s best to accommodate himself to the convenience of the Grower_ "1'h~• Rin ~•r sh:~ll h:n•c the riKht, but not lhe obliR:ttion, to take fruit havin~ degrees Brix lower than 9.5°. He shall have the right, but rs~~t th~• ~~i~li~;alion, tn t:~ke fruit ha~•in~ Rrix a~•id ratio ot lower than 11 to 1 up to Januar~ 1 of each growing se~son and lower fhan 12 t„ i:~(I~~r •lanu:~r}• 1~~f eai•h Rro~cin~ ~c.~wn. Ruye•r will not t~e required to take any Temples. MurcotlR, Tangelos, or Navel OranRes. The fruit i~ to I?e p:iid for a. follows: The Buyer will advance the Grower weekly for all fruit delivered durinq that va~eek at the rate ~~i :30°,~ of Buycr: s~~ot market pri~r ~~cr ~xiund of u~lids at the time of delivery_ This is to be known as the "tentative price:' In the event th:~t the fruit ha. heen picked or tr:ms{?orted, or twth, by fhe Buyer, the charges tor such service as set torth above are to be deducted irnm the "tent:di~~e price' hefore payment i~ made. 7'he final price to t?e paid to the Grower will be b.~4ed upon the amount received by ~:s the Buyer for the chilled orange juice sold. AU iruit received [rom all sources (including Tropicana's own oranges, and all the ~~r.~nges thep ma}• buy) wiU be uscd in computing price and all suppliers will be treated equally. The price for fruit classified as ~ r:~rl~ and midseason fruit will be determined ~s one category and the price [or fruit cl.~ai6ed as late season fruit will be determined as a ~ ~~~parate category. The price tor the first category (early and midseason fruit) will be computed as (ollov?~s: the Buyer will deduM ~ (rc,m his selling price (F_O.B. Bradenton, Florida), certain items of cosf and pmfit as follows: ~ ~ ~ ~ ~ 1. For operatinR ex~ienses, including plant. storage, freezing, ; warehousinR, sellin~, administration ex~?enses, et~. 65C per case of chilled juice sold ~ market rice of the fore oing ~ 2. For packaRing materialc. ~ g ~ items or similar packaging as ~ determined by Buyer (not to be # ' TROPICANA PRODUCTS~ iNC. determined by prices charged by ~ aff'iliated companies) ~ 3. Pro6t P. 0. BOX 338 3% of F.O.B. selling price ~ BRADEN70N. fLORIDA ~ 3' . g aoox ~25 Par.E ~62 _ _ . _ :'g '~C`~''"S-y t ~r. T "~r r~,=~ Y ~ ~ ~ - _ :.S~i - P+ . . ~.~me:. ~.r- o-~e'?t~'+-~. - ~ .