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HomeMy WebLinkAbout0713 - r ~ • 'i _ ; • , . r. ;y` - u - - - - , S. The per pound solids price will be based upon chilled juice sales and will be arriivod at ss follows: The average net amount received per gaUott of cell the chilled juice sold by Buyer between December 1 and March 3h (after the anthoriud deduction:) will be multiplied by the number of gallons yielded by all of the early std midseason fruit received from cell sourees. Theo. the per pounds solids price for cell suppliers equally will be arrived at by. dividing such total price by the number of pounds of solids in the total gallons yielded. The amount owed by Buyer _ to Grower for the early mid-season [roil will be the price per pound of solids thus arrived att. times the pounds of sdida yielded by the early and midseason fruit delivered to and received by Buyer. From the weekly advances, and if any sdvat~-es ate not made weekly. from the final price, there shall be deducted, before payment. any advances made loss the proportionate amount of nay State of Federal tax measured by the amount of fruit bought ar processed by Buyer, and nay amount due pursuant to paragraph 3 of this contract. Payment duo at such time will be made within thirty (30) days of its detumination. ~ - 6. In arriving at the price for the late season fruit the same method shall be used as is stated in paragraph 4 and S, except that it ahaU be based upon chilled juice sold by Buyer between April 1 and Novpnber 30. 7. The amount due for the two categories of fruit shall be the final price for all ftnit received by Buyer from Grower for the season. _ Promptly afro a determinatiat of such final price, the parties shall, by payment, settle the amounts due between them by lauuary 15 of the. next grOW Ing Sea5o11. 8. This contract will be binding upon Buyer only after it has been signed by one of Buyer's officers. 9. Any determination as to classification, or quantity of fruit received, or as to gallonage ardor pounds of solids shall be as reported by daily tests madtby Florida Department of Agriculture Inspectors. stationed at the premises of Buyer. Buyer is responsible for all juicx from Grower's fruit as reported by said inspectors and Buyer will not deduct for spoilage, breakage. or any other loss of juice occurring after the fruit haz been received and accepted by Buyer. - - 10. Buyer will submit to Grower a figure determined by Buyer to be the per pound of solids price for the season and the number of pounds of " solids received from the Grower. The per pounds of solids received will be as reported by the Fbrida Department of Agriculture daily reports. The figures submitted by Buyer will be certified by a C.P.A. fum. 11. The within Agreement is for five growing seasons beginning with the 1979-1980 season std may not be ~ terminated during that period unless agreed to in writing by Buyer and Grower. It will be continued thereafter until one of the parties gives to the other notice by registered or certified mail of its intention not to continue for the next season starting October I. For such notice to be i effective. it must be sent not later than June 30, before the next growing season. 71x growing season shall be fire period from October 1 through July 30 each year. If alter the final determination of amounts due between tbe parties rt sha'.1 develop that the Grower is indebted tothe Buyer, the foregoing notice of termination, if sent by the Groover, shall not be effective until Grower shall make full payrcent to the Buyer. 12. Notwithstarediag the above, Buyer shall have the right to increase the deduction for the operating expenses as set forth 4trt only to the j extent that such costs are incurred by Buyer. Buyer shall notify Grower in advance of any growing season that such increase will be deducted. - I 3 13. Grower warrants goad title to the groves described in this contract, 2nd to the fruit produced in said groves, with lawful right to enter into this conu2ct and Grower warrants that the fruit will be free at any and all liens and claims. The individuals signing this contract on behalf of Grower represent that they have authority to do so. l~l. Buyer and Grower agree that should legal action be brought to enforce the terms of this contract, it may be brought in Bradenton. Manatee Cvanty. Florida. It is also agreed that should either party be required to bring Legal action to enforce the terms of this contract, the par,: w pre~~ailing shalt be entitled to reasonable attorney o' fees 2nd costs. t - 1 :VITNESSES:. S1G!dA R J0~ MC TY - ~'i ewer or his Authorized Ag - t •t . s - Address P • O . Box 13 THIS IRSTRUIVIE PREPAR Ft . Pierce, Florida 33450 As owcer of the above grout, I join in the action of the independent - dealer who signed the above as "Grower," including a!1 represen- ~ ~ P'OI~UCTS f NC. tattoos, agreements, and receipts. Payment for the fruit may be l T Z ~ ~ ~ ~ ~ ~ • ~ made by the Buyer duectly to Seller. P. a. sox . g~ owner ` c^ `J y'~•• TROPICANA PROD CTS, INC. - - By .C a,• - - - me ey - es ident _ - - '