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- 2 Non-Hut 4991 (80) ~
THIS CONTRACT, made this 23rd day of Austuat 19 79 ,
betwcen - S. N. RNIG~f A SONS, INC. (R-992-11)
of P. "0. Box 730 -Belle Glades Florida 33430
(Grower) and TROPICANA PRODUCTS, INC., of Bradenton, Florida (Buyer). -
_ - WITNF.SSETH:
1. Grower. in consideration of the payments received and to be received pursuant to this contract. agrees to sell to Buyer a!I early.. "
midseason and Valencia oranges of good, wholesome, merchantable gad marlcetabk quality.-from'the foUawing specified groves:
All NA~II.IN, PINSAPPLB and VALENCIA ORANGBS in the S. N. IiaiIGSP ~ SONS, INC. GROVE
_ located approximately two miles south of Carlton Road, being in St. Lucie County. _
For further information see ADDBNDUM attached. -
This contract is -for the 1979-1980 season only.
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2. No fruit from any of tbese specified groves is to be sold or delivered by Grower to anyone other than$uyer without Buyer's written
permission. This contract is to be a lien upon the fruit produced in the above groves, irrespective of any subsequent transfer of title to them. In
the event of any attempt to sell to another, Buyer shall be entitled to injunctive relief. If any such sale or delivery is consummated. Buyer shall {
be entitled to such other relief u is allowed by law. If fire, strike, Act of Gpd, etc. ,prevents Buyer from accepting any of GroKer's fruit, Buyer
will permit Grower to sell elsewhere the amounf of fruit that Buyer is so prevented from accepting.
3. The fruit is to be picked by Grower and is to be delivered by Growei to Buyer's processing plant. In the event that, through
circumstances beyond his control, Grower shall be unable to pick and load the fruit, Buyer may arrange for some person in the business o~ -
~icking and loading fruit to do so, charging tbe Grower tlx actual cost of the picking and boding. ln. the event that, for reasons beyond
Grower's control. Grower shall be unable to transport the fruit, Buyer shall have ttre right to transport the unit charging Grower for such
service per ninety (90Ib.) pound box. In both cases, this shall be Buyer's right, but not obligation. The fruit is to be picked acrd delivered as and
when designated by Buyer but in this respect Buyer will as much as possible. but not to hinder his operation, accommodate himself to
rnnvenience of Grower. Buyer shall Save the right, but not the obligation, to take fruit having degrees Bnx lower than 9.5. He shall have the
right, but not the obligation, to take fnrit having a Brix acid ratio lower than 11 to 1 up to Januaq• 1 of each growing season, and borer thw :2 io 1
1 after January 1 of each Bowing season. No fruit will be delivered under contract after Iuly IS of current season without consent of Buyer. -
Buyer will not be required to take any Temples, Murcotts, Tangelos, or Navel Oranges.
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4. The fruit is to be paid for ac follows: Buyer will advance Grower weekly for all fruit delivered during that week at the rate of 8096 of ~ "
Buyers' spot market price per pound of solids at the time of delivery, ku the items to be deducted as stated in paragraphs 4 and S of this
contrnct. This is to be ktrt?wn as the "tentative price". In tbe event that the fruit has been picked or transported, or both, by some person, the ~ '
charges fa such service as set forth above are to be deducted from the "tentative price" before pa tr>rnt is made. The final price to be paid to
Grower will be based upon the net amount received by Buyer for the chilled orange juice sold: All fruit received from all sources (including
Buyer's own oranges, and all the oranges they may buy) will be used and all suppliers will be treated equally in computing that price. The price ~
for fruit classified as early and midseason fruit will be determined as one category and the price of fruit classified as late season will be
. determined as a separate category. The price for both categories wily be computed as follows: Buyer wiil deduct from his net 1:0. B. Bradenton,
Florida, selling prig less allowances, certain items of cou and profit as follows:
1. For operating expenses, including plant, storage, freezing, 5.95 per case of chilled juice sob..
warehousing, selling, administration expenses, etc. "
- - market price of the foregoing items
2. For packaging materials. or similar packaging as_determiaed
- by Buya (not to be determined M'
_ prices charged by affdrated can- -
pani~s).
3. Profit. 396 of net EO.B. "selling p~icc
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