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Non-Mut 1144
38Q235
THIS AGREEMENT, made this Z~th day o[ AuguBt 19
betweenBfiltltTNSR ENPSRPRISES~ TI~I ~ ~LARtn~II~ DIVISION (G-191-9)
Travis Ziurphy, Agent
ot P_ A Arnr 99~5 ~ F T g~darAs~lai F7nriAa ~~~15~
(hereinatter called the Gmwer), and TROPICANA PRODUGTS. IhC., of Bradenton, Florida, the Buyer.
WITNESSETH:
That the Gmwer. far and in coasidersti the payments received snd to be received. aa 6ereiuafter recited. 6as agreed aad doea
dereby agree to aeU to the Buyer a!1 W~~te Gnpefruit ot good abo~kaome. mercbantaWe and muketable qu~6ty from it~e
grove ar~roves heroinaiter meationed. The truit to be p~cDased. aii oi ~rhieh fruit is to be ot good. wholeaome, merchsatable aad
marketabk quality. is as follows:
All iiEtITE GRAYEFRUIT in the BRUNNSR 81~T1'SRPR~SBS, INC. , HARtMIRS DIVISION GROiVB
knawn as $LOCRS 44, 45, 45 and 47 located on Orange Avenue extension, apprarximately
fourteen miles west of Ft. Pierce, Florida, north of Route 68, being in St. Lucie
County, not sold to the f=esh fruit market.
This contract begfns with the 1977-1978 season~ and cancels Participation Con-
tract #G-119-7. -
i
4
1
4
1
~
No - White Gnpefruit frwm aay of auc6 groves ia to be aoid or delivered by the Grnwer to anyone
other thaa the Buyer. without Buyer
s writtea permissioo and ttis eatire sgreement is to be a lien upon the fruit produced ia the above ~
grove or groves, irrespective oi any subeequent traaafer of titk to them. In the event of any attempt to so aell to another. t6e Buyer shall
be entitled to iujuactive relief and ii say auch aale or delivery is eoasummated. the Gwwer aMU pay to the Buyer tdty (t.50) cents per boa '
[or each box thas add or delivered. the parlies agreeing tbat sueh Is a Lir eatimste of the bes to Buyer for failure to obtaia such boxes of !
fruit. IE Gre. strike. Aet of God. etc. pnventa Buyer froov aecepting wy of Grower's Eruit. Buyer wip persnit Grower to sell elsewhece the ~
amount o[ iruit t6at Buyer is so prereoted from aceepting.
The fruit is to be Pieked by Gro~ver and ia to be deGvered by Grower to Buyer's proeeasing plant. Ia the eveat tbat, through
" cireumstaneea beyoad his eontrol. the Grwver shait be unabk to pick snd bad the trui~ tbe 8uyer shall have the right bat not the
obligation to do so,, ebarging tbe Grovrer for aueb servioe at Bayer's oo~i. In t6e event that, for reaaons beyond Gmwer s eontrol, Grower
shall be unable to tnasport t6e ~1I~ Buyer shall bsve t6e rig6t but not the obligation to tnnsport the fruit ehuging the grower for such ~
service per eighty-C?ve (85Ib.) pound box. The truit is to be pieked aad detivered as and w6en deaigt~ated by Buyer but in this respect the
gt a
Buyer will as much as pos.sibk. but not to hinder 6is operation. accommodste himse]{ to convenienoe ot Gwwer. The Buqer shaU have the
right, but not t6e obligation. to take trvit 6sving degnes Brix Iower Lban g,0°. He s6a11 have the rigbt, bat not t6e obligation, to take fruit
having a Bris atid ratio ot Iqwer thsn 8.0 to l.
The fn~it is W be paid far ss tdlow~s: The Bu~er will advance the Grower weekly for all 6vit delivered duning that week at the rate of
T09b of Buyer
s spot market priae at time d de6req. Tfiis is to be kaowa aa the 'Ye~tativr prxe. " Ia tbe event tt~at the fruit has been
Picked or transporl~ed. a' botL, by the Buyer, the ebarges toc suc6 sorvice as aet fort6 sbove are to be deducted tmm the "ter+mtive price" ~
before payment is made. The final prioe to be paid to the Grnwer will be brsed upoa t e et amount reeeived by the Buyer tor the chilled
BnPp~t luice sold. AU trttit reoeived from alt sources iiaelud'wyg 1~opiuna'a own ! BraPefruit, aad all the white ~
grapefruit they msy Iw~) ~riU be used in oomputing prioe and aq supplien will be treated eqwlly. The price tor tl~e Eruit wip be computed ~
as tollows: the $uyer will doduct frwn his net amount reoeived (FA.B. Bradenton. Fio~idal. certain items oi cost and profit as folbws: ~
l. For opersting expenses. including plant, starage, freezia8. i.85 per case ot e6illed juice sold
warehousing. selling. administntion expenses. stc.
2. For psckaging materWs. . . - open m~rket price of the foregoing
items or simi4r packagiag as
- ~TtlRN TO determu?ed by Buyer (oot to be
TROPICANA PRODUCTS, INC, 'ke~'°~a' by char~ed by ~
aftdiated eom rual
3. ~t,~. P.O. 8ox 338 a~ ~t ~c F.~`B. ~u~ ~ -
8rader~ton, Florida 33~06 ^ ~ i~
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