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Home My WebLink About1096 . ; ~ ~ _ i . ~ - t. . t AQBN'P AND GROWER AOREB THAT: . . ~ 1. Agent shall uccouat to Grower v~rithin a nasoaable time a[ter receipt ot the proceeds ot sale of the Crops, after deducting ~ therefrom picting, l~auling, packing, shipping. seliing, grove carc (if applicable) aad dll other cn~. advances. interest aad. oihc~ charga made or iocurred by Age~t to or for Grower ~ad/o~ $tate, Fedcral 4r industry fas applicabie to We Crops (hereinatter rrf~rrod to as "authorized doductioas"). In thC e~ent th"t proceeds of sale arc~insufl9cient to rnver the authorind deductions. Crower ' si~ali pay such uc6ciu~cy iv A~at ~~Sa C:,m:s:d. S::r.~.: ;~~s~it G:r~•_! haf.•~n~l~r an ~1~u~ ~}w1 ~YI~AI~~C lNt pR.`SEl1l8t1At1 OF IIlVO1CC. : : q 2. Agent may, at Grower s rnst aad expense (without afEccting A~ent's right to. the suWorized dedactions). ~mploy We z services of a broker, or job, auction. consi8n. or otherwise s~ll the Ccap~s. or anY Part thereof, when ia Agent's judgment the . ~ best interest of Grower will be served. If a~y service i3 per[oraxd D~ Ageat or an a6liate thercof uader this paragrapb, tbe cbarges ttKretor may be doducted by Agent ia the same manner as if su~ servioa wec~e perfo~n~ed bY an iade~endent agencY• i 3. Agent shall not be obligatod to accept or sell the Cropa, or aay pa~t thereof, which, in Agrnt's judgmenr. ~ • ~ (a) are pq~; in, eperchaqtable, qondition; or ` ~ . _ . . . . } (b)~ will not produoe an _edequate 6nancial roturo. ~ , _ , ' . - • ~ 4. Agent may sell .aF..shia CropF• without secnring- contrscts. or other agr~sm~at when, in Agept: jud~m~nt, it Feems ~ ezpedieat to do so. ; • ~ . . S. The Gmwer hereby aut6oripes A~ent to pool said Crops with~the cmps delivered by other grnwers nader this agreemenr. r.... .v ~ ai:.w. ti.. 'v.rieriec. ~im. time of delivery. duratioa of Doo1s coa~mercial or ot6er standards as Ageat may ~ 5.33cs ~+.;:.o - ~.r~ . - from time ta time prcscn'be, aad Agent is $IYCD full power and suthority to amead, change. or modify said poo6ng, and/or to . establish additionat pools. in the event of such pooling. Agent shall account to Gmwer for the Crops so pooled on the average P~ P~ for the sius. srades and/or , varieties handlod in wch pod. ~ 6. Grower guarantees and wsi'rants that: - . (a) the Crops, and every part thereof, will be free from adulteration aad/or misbranding wilhin the meaning of the Federal Food. DruB and Cosmetic Act; and will comply with all pertiaent governrt~ental lawb. n~ks, orders and~ regulatiora: (b) only suWorized pesticide chcmicals will be used; , ` . (c) all authoriud pesticide chemicals will be used in aecordance with rcstrictioas af the suppliecs and of n,~ulaton ' ~ suthorities having jurisdiction; and ~ (d1 all aecessarY Pu~~ ~ 8PPIy suthorined pesticide chemicala wU be obtaincd and an aonitate record of all ap~ptications ~ lhercof wti11 be tept and made available to Agent upon demand. . 7. Grower shall indemnify and 6old Agent harmless from any and aU liability due to or arising out of Cirower's failurc, for uny reason, to comply wit6 Grower's obligations under Paragraph 6 next abova . 8. Groaer hercby assigns to Agent, for;collcction. e~ery claim which Grower hereafter has against anY transportation line F involved in transponiag tht Cmps, or any pare thereof, and sf?all pay Agent said AgenYs usua! fecs for malcing collections plus ; legal expenses incarred in making the sama ~ 9. All loans made to. or sums advanced to or for the account of Grower by Ageat prior to receipt of or in excess of nturas, ~ and all other indebtedness of Grower to Agent, shatl bear nasonable interest from the date of each such loan or advanu but in no case exceeding the coatract rate permitted by the g..neral usury law of the Seate wherein the Crops are grown. R ]0. If any seed. spray material, or oiher supplies are furnished Grower by Agent, Agent shall not be deemed to havc warranted. either eapressly or impliedly, the description. quality, fertility. or fitness thereof for the purpose intended. - 11. Agcnt shall eaercise reasonable care in grove care. picling. hauling. packing, shipping and selling Crops. and all other services rend:rcd pursuanF hento, but Agent shaU ~tot be liable for loss or darnage w6ich is caused by strikes, lock-outs, legal pro_csc, car or labor shortages. fire, flood, acis of God, the public enemy or ott~et causes beyond the reasona,ble control ~f Ageni. 12. Grower :u~d Agent actnowledge that (i) it would be impractical and ext~+emely di~cult to fix tbe actual damages which ~ Agent would wfier by reason of Growers failure or refwal taJcliYer t~e Crops, or any part ihereof, to Agent in accordance with ~ the terms ot this agrcement, and (ii) tt~e adverse etfoct of Growers faiture or rdnsal to so deliver the Cmps. or any part thereof. " to Agent as aforesaid, an Agent's marketin~ prooednres would be , substantial: t6erefon Grower shall pay .Ageat, as liquidated - damages, the sum of twenty cents (2b~)~talr every field box and/or~lug of the Cropa not delivered to Agent by Grower under the terms of this agreemem. 13. In the event ot a default iA the paytnent of any sum due from Grower to Agso~ wtxtl~er incurred puruiant hercto or othenvisr. or the sale, conveyance or ~ncumbranco of the nal property described in Paragrap6 I of t6is agr+ament, or other default of Grow~r on any other obligation to Agent. whether incurrod pursusnt 6ento or ottierwise. then in aay of tha fpregoing events Agent may. at its option, declare immediately due and payable all sums due by Grower to Agrnt incurred 7~ursuant hercto. , t. ~ , r. 14. Grower hereby~grants to Agent a~secunty mterest in all Crops received by Agent from Grower, aU Cr~ps growing or to be grown at the lo.ation set forth in Para~rapll, I of,this agrcement, and in the pra:ceds of sak of Crops and produca into which Crops may be manufastnred or procased. as security tor the s~tisfaction of all debts and obligations of Grower to Agent whenever incurred including hereafter incurn~ci and whether Qrovided for herein or otherwix. - ;1,~~ ~~S J $o~z34 ~a3y- ~oqb~ ~ . ' ~ - < ~ ,r.:. ~ i ~ ~.~r~-~- 'r ~ ~-~,~r-x~:~ s a_.~' - ,