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Home My WebLink About0723 s rt - , - - x. - = _ - - - _ " -t c ~ S. The per pound solids price will be based upon chilled je'tce sales sad will be strived at as follows: The average net amount received per gallon of aU the chilled juice sold by Buyer between December 1 sad March 3l (after the authorized deductions) will be multiplied by the number of gallows yielded by all otthe euly and midseason fruit received from all sources. Then. the per pounds solids price for all 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 fruit wiU be the price per pound of solids thus arrived at. times the pounds of solids yielded by the early and midseason fruit delivered fo 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 amqutlt of any State or Federal tax measured by the an?ount of fruit bought or processed by Buyer, and soy amount due pursuant to paragraph 3 oPthis contract. Payment due at such time wrll be made within thirty (30) days of its determination. - 6: In arriving ai the price for the Tate 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 £nal price, tbe parties shall, by payment, settle the amounts due between thtm by January 1 S of the next growing season. 8. This comract will be binding upon Buyer only after it has been signed by one of Buyer's officers. ii - f 9. Any determination as to classification, or quantity of fruit received, or as to gallonage antUor 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 reportod by said inspectors and Buyer will not deduct for spoilage, breakage, or any other loss of juice occurring after the fruit has bcen 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 tbe Florida Department of Agriculture daily reports. The figures submitted by, Buyer will becertified by a C.P.A. firm. ll. The within Agreement is for one gro~ng seasons beginning with the 1979-1980 season and may not be terminated during that period unless agreod 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 1. For such notice to be effective, it muu be sent not Isur than June 30, before the next growing season. The growing season shall be the period from October l through July 30 each year. If after the final detemtination of amounts due between the parties it shall develop that the Grower is indebted to the Buyer, tbe foregoing notice of termination, if sent by the Grower. shall not be effective until Grower shall make full payment to the Buyer. 12. Notwithstanding dx 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 shall notify Grower in advance of any growing season that such increase wi~S be deducted, 13. Grower warrants good title to the groves described in this contrac~•pfl t9 thp,~ujkpyQduvtd. iq"stud gtt?v+pR with lawful ~ht to enter into"., this contract and Grower warrants that the fruit will be free of any a~d ~1 ~ca~d c~r~q~pt~j~ng this contract on behalf of Grower represent that they have authority to do so. - - _ 7 14. -Buyer and Grower agree that sbouW legal action be brought to enforce the terms of this contract, it may be brought in Bradenton, Marw~.ee County, Florida. It is also agreed that should either party be required to bring legal action to enforce the terms of this contract, the patty so prevailieg shall be entitled to reasonable attorneys' fees and costs. WITNESS ; SIGNATURES: S . N . 1~1IGNT & SONS, INC . _ ~ ~ ~ Grower or his Authori gent ~ Address P O Bog 730 _ Belle Glades. Florida 33430 ~H$~~ As owner of the above grovel join in the action of :he independent ' sealer who signed the above as "Grower," including all represen- rations, agreements, and receipts. Payment for the fruit tray be made by the Buyer directly to Selltr. TR CA~l~~~417~~' ~ lid. " • Y Owner - - ~ _ ~ ~=?M " ' ~ ~ TROPICANA PRODU S, INC. . A. Bart~ebey esident _ . . ~