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T6e perpound sdida prioe ~ritl be based upoa cLilled juioe aalea and wilt be arrived at as followa: The average net amount neeived per ~
g~llon of all t6e c6illed juioe soW by lhe Buyer between L~etember 1 snd Mareh 31(after t4e above deductions) will be multipGed by Ihe j
nuanber d gallons pielded by all .d the earU and mid~eaeon fruit reeeived from all soureea. 1ben. the per~ouad aolids priee for aU
suppiiers equal~y i~rill be urived at by dividing such total prioe by tde number ot pounds of solids in t6e toW gallona yielded. The amount
owed b~r tLe Bqyer to t6e Grower for tbe esri~ and midse~son truit will be We prioe P~' Pound oi solids thus arrived a~ timea thepounds of
sdids yieided br t6e eariy and midseason iruit delivered to and teoeived by tbe Bu~er from t6e Grower, From tdia Gnal priee tdere shal)
be dedncted. betaee pa~ment, an~ oost d pkking. loading, or~~~nnsporti.ag t6at msy be due ta tbe Buyer and lese aoy sdvaaees made and
less the propottionate amoeiat ot sny State ae Federal tax m ~ed b~ the aawunt ot fevit booght or processed by Bu~er. Payment due at
soeh time will be made within thitty (90) da~s ot its determination. .
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In arriving at the price tar the seeond ategor~ ot truit deaeribed sbove. tbat is tLe late aeason trui~ the same method shaU be used,
except that it a6aU be based upon c6illed juioe sold by the Buyer bet~veen Aprii 1 and November 3U.
The amount due tar the two categoriis shall be t6e Snal price [or all oranges reoeived by the Bu~~ irom the Grower for the season.
Promptly after a determination of such Snal Qrice. the puties shafl, by paymen~ aettle t6e amounts due between them by Jaauary 15 ot
t6e precedia~ Tbis agreement ~rill be binding upon the Buyet oaly after it has beea signed by one of the Buyer
a oi6cers.
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Aqy,' ? to elaasifieation. ar quantitr of iruit reeeived. or as to SaUonaee and/or pouods of aolids ahall be as reported by
da~r, Le~ts,~d~- ~ ' State Iaspeetors, stationed at the premisea of t6e Buyer. The Buyer is responsib{e for all juice fmm the
Grnwer's fnu't as~eported by said inspectors and Buyer ~vill not deduet ior apoilage. breakage. or any other loss of juiee occurring after
tbe Wif has beea reoeived and accepted b~ Bnyer.
t~~~e Bi~re~ ~?i114tlbaut~o the Grower a figun determined by Buyer to be the per pound of solids price for the season and the aumber
of pounds of sofids ree~ived Erom the Grow~ as reported by U.S.D.A. daily report.l7?e 5gures aubmitted by Buyer wiU be certified to by a
C.P.A. 5rm.
T~y'~~~p~ ~ f~ five ~~g ~~s ~ 1977-1978 ~~Q and wiU be
eonUnued therea~ter nnt~il one o!'the partiea gives to t6e other notice by regiatered or cerfifed mail of its iatention not to eoatinue tor the
next sesson starting Oetobcr 1. Facsuc6 notioe b be efieetive. It must be sent not later than June 30 betare the next growing season.
Grmver may not validly aend any aueh notioe ~vh~7e Grnwer.ia iedebted to Buyer. If after the 6nal determinatiod of amounta due between
the pariie~ it ahap develop that one of the partiea hereto ia indebted to the Mher. the toregoing ndice ot terminatioo, it sent by t6e debtor.
shall not be effeetive uat~ aaidrdebtor sAsll mske full payment to t6e rredita~. T6e growing sesson s6all be the periad frnm Ocwber 1
through Jul~ 30 esch 9eu.
Notwithatanding the above. Buyer s6all 6ave the rig6t to increase the deductioa for the operating expeases as set-fort6 but only to
the eztent L6at such oosta are incarred by Buyer. Buyer shall notify Seller in advanee of any growing aeason that sueh increase will be
dedneted.
Grower warranta good title to the groves described in this Agreement and to the truit produoed in said grovea, with lawiu! ~ight to
enter into t6is Agree~nent and Groaer wurants that the fruit wn11 be free of aap and all lieaa and claims. The iadividuals signing this
Agreement on bebatf of t6e Grrnver repreaent t6at they have anthority to do so.
DANCSR-FITZGERALD-SA1~LE, INC. ~
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Witnes.aeg: Signatures:
a~~' ' ~~~A.l.t~,. ~r~~e.C~7/u~~~t'i,~.1 ~4cu.,~i?.c V~
• Grower or hix Authorized Agent ~ ~
- 347 l~iadison Avenue
Address
. ~ N w Yo k~ N Y 10017
{ ~s ~ p~
A~ As owner of the alx~~•e Rrove, I join in the action uf lhe ~
• ~'t'~` • independent de.der who signed the atwve aa "grower," ~
. ~''j,. including al! representation. aRreements and re~ripts.
~ Payment tor the fruit may be made by the buyer ditectly ~
to the deater.
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~'~r'-:. 1.;,~,1'`~. ' TROPICANA PRODUC'I'S, INC_
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