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Home My WebLink About0716 - _ - , - _ f - • _ ~ - t - S. The per pound solids price will be based upon chilled juice sales and will be arrived at as follows: The average net amount received per gallon of all the chilled juice sold by Buyer bttwcen December I and March 31 (after the authorized ~eduaions) will be multiplied by the number of gallons yielded by all of the early and midseason fruit received from all sources. Then, the per pounds solids price for all suppliers equally will be arrivr:d 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 fruit will be the price per pound of solids thus arrived at, times the pounds of solids yielded by the early and midseason fruit delivered to and received by Buyer. From the weekly advances,-and if any advances are not made weekly. from the final price. there shall ae deducted, before payment, any advances made less the proponionate~amo~nt of nay State or Federal tax meawr~ by the amount of fruit bought or ptocessod by Buyer, and any amount due pursuant to paragraph\3 of this contract. Payment due at such time wrll be made within thirty (30) days of its determination. 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 shalt be based upon chilled juice sold by Buyer between April l and November 30. - 7. The amount due for the two categories of fruit shall be the final price for all fruit received by Buyer from Grower for the season. Promptly after a determination of such final price, the parries shall, by payment, settle the amounts due between them by January lS of the next growing season. ' 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 and/or pounds of solids sha116e as reported by daily tests made by Florida Department of Agriculture Inspectors, stationed at the premises of Buyer. Buyer is responsible for all juice from Grower's fruit as reported by said inspectors and Buyer will not deduct for spoilage, breakage, or any other lo3s of juice occurring after the fruit has been received and accepted by Buyer. - ~ 1 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. T'he per pounds of solids received will be as reported by the Florida Department of Agriculture daily reports. The f:gores submitted b~ Buyer will be certified by a C.P.A. fun. 71. The within Agrcement is for One growing seasons beginning with the 1479-1980 season and may not be - terminatedduring that period unless agreed totin writing by Buyer and Grower. It will be continued thereafter until one of the parties glues to the other notice by registered or certified mail of its intention not to continue for the next season starting October 1. For such notice to be effective, it must be Scat nut late[ tFian lone 30, before the next growing season. Ti>cgrowing season shall be the period from October 1 through July 30 each year- If afar the fins! determination of amounts due between the parties it shall develop that the Grower is indebted to the Buyer, the foregoing notice of termination, if sent by the Grower, shall not be effective until Grower shall make full payment to the Buyer. - 12. Notwithstanding the above, Buyer shall have the right to increase the deduction for the operating expenses as set forth bi•: o4ly to the f extent that such costs are incurred by Buyer. Buyer shall notify Grower in advance of any growing season that such inere~se will be deduct-e¢:- 13. Grower warrants good title to the groves described in this collitl~bt, ~fid~~jgYr 'r; ~ des, with lawful fight to enter into" this contract and Grower warrants that the fruit will be free of any alMk911#iei(! - ~~li~~rtiog this contract cut behalf of . Grower represent that they have authority to do so. ~:.~x3o'.tis •dK Y+><M't-~ - - - 14. Buyer and Grower agree that should legal action be brought to enforce the terms of this contract, it may be brought in Btadentpn, Majratee County, Florida. It is also agreed-that should either party be required to bring leg: I actiem to enforce the terms of this cbnt(act, the party so prevailing shall be entitled to reasonable attorneys' fees and cons. - WITNESS SIGNATURES: N. RNIGRr, JR. s ~ rower or his Authori Agent ' - P. O. Box 730 Address _ Belle Glades, Fl. 33430 THIS INSTRUMENT PREPARED 8Y: As ow ner of the above grove, I join in the action of the independent dealer who signed the above as "Grower," including all rcpresen- - rations, agreements, and receipt. Payment for the fruit may be J ~Crltiit P::Gt~~C t S, lV~. made by the Buyerdirectly to Seller. R n RDX g~,pu;~~~,,fLORlDA 33506 owner ~ - TROPICANA PROD S,lNC. - ~ - ° i _ By , - ~ - ` " ' R . A . Barnebey =President _ - f.~. i