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HomeMy WebLinkAbout0719 • .aa- i t - - - - • _ ~y _ _ - S. The per poured 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 chiliad juice sold by Buyer betwc_^ December I and March 31 (after the authorized deductions) 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 solidi price for a!1 suppliers equally will be arrived at by dividing such total price by the number of pounds of solids in the total gdlons yielded. The amount owed by Buyer ' to Grower for the early mid-season fruit will be the price pe: pound of solids thus arrived at, times the pounds of solids yielded by the early and midscason 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 be deducted. before payment, any advances made less the proportionate amount of any State or Federal tax measured by the amount of fruit btwgbt or processed by Buyer, and any amount due pursuant to paragraph 3 of this ccmtracE Payrtient due at such time will be made within thirty (30) days of its determination. 6. In arriving at the price far the late season fruit fire same method shall be used as is stated in paragraph 4 and S, except that it shalt be based upon chilled juice solo by Buyer between April l and November 30. 7. Tbe amount due for tbe two categories of fruit shall be tbe final price for a!I fruit received by Buyer from Grower for the season. Promptly after a determination of such final price. the parties shall, by payment, settle the amounts due between them by January 15 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 shall be 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 wilt rat deduct for spoilage, breakage, or any other loss of juice occurring after tbe Quit has 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 Florida Department of Agriculture daily reports. The figures submitted by Buyer will be certified by a C.I' A. fum. 11. The within- Agreement is for One growing seasons beginning with tbe 1979-1980 season artd 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 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 sent not later than lone 30, before the oext growing season. The growing season shall be the period from Octobu 1 dtrougb July 30 each year_ If after the final 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. f 2. Notwithstanding the above, Buyer shall have the right to increase the deduction for the operating expenses as set forth but only to the extent that such costs are incurred by Buyer_ Buyer steal l notify Grower in advance of any growing season that such increase will be dedtt<te~-, - s1! 1~aQf• iA ilw:: 3tttk3°t t1~•"t.1N ~ - _ r' ! -13. Grower warrants good tick to the groves described in thi~contfitittl tlAd td'Matiliii~ioiced tA'~"r~v" es, with lawful right to erRer into this contract and Grower warrants that the fruit will be.free of ar~gudidklirrrllagBYl~ going this contrr_t oe;beha}f of Grower represent that they have authority to do so. - - 14_ Buyer and Grower agree that should legal action be brought to enforce the terms of this contract. it may be brought in Bradentor:; Manatee - County, Florida_ It is also agreed that should either party be required to bring legal action to enforce the terms of this contract, the partX`Fo' ; prevailing shall be entitled to rersonable attorneys' fees and costs_ - S. A. KNIGHT FARMS - - WITNESS SIGNATURES: TRIPLE R RANCH w Grower r his Au -zed Ag Address P • O . Box 7 30 IS INSTRUMENT PREPARED Be11e Glades, Florida 33430 As owner of the above grove, I join in the action of the iadepertdent jR;~ ~ t'~•:~; .t) Jr dealer who signed the above as "Grower," including all represen- P, BUi~ 333 rations, agreements, and receipts_ Payment for the fruit may be made by the Buyer directly to Seller. 6Rr1DEi~7Gi~, FLQRIDA 33506 ~ . ~ Owner ' ~ ~ • .vim' TROPICANA PRO UCTS, iNC. - J~ t , - By E ~ = r,, 4 R. A. Barnebey - -esident ~ : '