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7'H1S CON7RACT, made this 9th day of July la 79 ~
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between YARN CITROS, INC. (#R-960-11)
of P. 0 Box 550 - Ft. Pierce, F1. 33450
(Grower) and TROPICANA PRODUCTS. INC.. of Bradenton. Florida (Buyer).
VIIrTNESS1iTH: -
1. Grower, in consideration of the payments received and to be received pursuant to this contract, agrees to sell to Buyer all early;
midseasoa and Valencia oranges of good. wholesome, merchantable and marketable quality. from the following specified groves:
20,600 btntes combination of HA?II.IN and PINEAPPLE ORANGES and
20,000 boxes of VALBNCIA ORANGES - _
Tropicana Products, Inc. Participation price paid to grower will be no less than
eighty-five ($.85) cents per pound of solids delivered for the 1979-1980 season.
- Advance to be at the rate of 80~ of guaranteed price, or of the Buyers spot market
price per pound of solids at tithe of delivery, whichever is greater.
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2. No fruit from any of these specified groves is to be soW or delivered by Grower to anyone other than Buyer without Buyer's written
permission. This contract is to be a lies upon the fruit predrrced 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 rcluf. >f any such sale or delivery is consummated, Buyer shall
be entitled to wc6 other relief as is allowed by law. If fire, strike. Act of God, etc.. prevents Buyer from aa~eptirtg any of Grower's fruit, Buyer
will permit Grower to sell elsewhere the amount of fruit that Buyer is so prevented .from socspung. -
3. 77te fruit is to be picked by Grower and is to be delivered by Grower to Buyer's processing plant. In the event that, through
cinarmstances beyond his control, Grower shall be unable to pick and load the fruit, Boyer may amnge for some person in the business of
picking and loadinga fruit to do so, charging the Grower the actual cost of the picking sad loading. Ia the event that, for reasons beyond
- Grower
i control, Gr~+r~ shall be anabk to transport the frail, Boyer shall have the right to transport the fruit charging Grower far such
i _ aervioe per ninety (901b.) pound boa. In both cases. this shall be Buyer's right but sot obliguion. The fruit is to be picked and delivered as and
when designated by Bayer but in this Buys will as mach as possrbk, but not to 6rnder his operation, accommodate himself to _
convenience of Grower. Boyer shall hav~ ght, but not the obligation, to take fruit having degrees Brix lower than 9.5. He shall have the
right, bat not the obligation, to take bait ha ''ng a Briu acid ratio lower than 11 to 1 up to January 1 of each growing s`ason, and borer than 12 to
1 after January 1 of each growing season. No fruit will be delivered under contract after July 15 of current season without consent of Buyer.
Boyer will not be required to take any Temples, Mutcotts. Tangelos, or Navel Oranges.
4. 7be fruit is to be paid fora: follows: Buyer will advance Grower wakly for all fruit delivered during that week at the rate of 110~b of
Bayas' spot market price Per Pound of solids at the time of delivery, leas the rtems to be deducted as stated in paragraphs 4 and S of this
eaatract. Thi: le to be known as the "tentative price.,. In the event that the fruit has teen picked or tramported, or both, by snare person. tbe-
charges far sach:ervice as set forth above arc to be deducted from the "tentative price" before payment is made. The final price to be paid to
Grower will be based upon the net amount recxived by Buys for the chilled orange luroe-sold. AU fruit received from all sources (including
Bayer's own oranges. and all the oranges they may bay) will be used an,1 all suppliers will be treated equally in computing thatprice. 7-he price
for unit clasdfial as early and midseaaon fruit will be determined as one category ird the price of fruit classified as late season wW be
- determined as a separate category. The price for both categories will be computed as follows: Buyer will deduct from his net F.O.B. Bradenton,
Florida, selling price less albwances. certain items of cost and profit as foll.?ws:
1. For operating expenses. including plant, storage. freezing, 5.95 per case of chilled juice sold.
ware6onsing. selling, administration expenses. etc.
market price of the foregoing items
2. For packaging materials- or similar packsging as determined
RETURN YD - by Buyer (not to be determincd by
- TROPICANA PRODUCTS, INC. aim charged by affdiatcd com-
panres).
3. Profit. 396 of net FO.B. selling price.
P.O. Box 338
6radentoll, Florida 33506 OR