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S. The per pound solids price will be based upon chilled juict sales and will be arrived at as follows: The average net amount received per
gallon of all the chilled juice sold by Buyer between December l and March 31 (after the authorized deductions) wtll be multiplied by tbe
number of gallons yielded by all of the early and midseawn fruit received fray all sources. Then. the per pounds solids price for all suppliers
equally will be arrived at by dividing such teal price by the numtfer 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 tltus 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 foal price.
there shall be deducted. before payment, any advances made less the propottiaate amount of any State or Federal tax measured by the amount
of fruit bought or processed by Buyer, and any amount due pursuant to paragraph 3 of t(tis ~on_tract. Payment due at such time will be trade }
within thirty (30) days of its determination. -
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6. la arriving at the price for the late season fruit the same method shall be used as is stated in paragraph 4 sad 5. except that it shall be !
based upon chilled juice sold by Buyer between April l and November 30. -
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7. Tbe amount due for the two categories of fruit shall be the final price for all fruit received by Buyer from Grower for the wawa.
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 seawn.
8. This contract will be herding upon Buyer only after it has been sigood 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 shsll flt.as reported by
daily tests made by Florida Department of Agriculture Inspectors, stationed at the premises of Buyer. Buyer is responsibly-fof all juice fray '
Grower's fruit as reported by said inspectors and Buyer will cot deduct for spoilage. breakage, or anyother loss of juice occumgg after the fruit
has been received acct accepted by Buyer. _
10. Buyer will submit to Grower a figure determined by Buyer to be the per pound of wlids price for the season and the number of pounds of t
wli~lc received from the Grower. The per pounds of wlids received will be as reported by the Florida Department of Agriculture daily reports.
The figures submitted by Buyer will be certified by a C.P.A. firm.
11. The within Agreement is for the growing seawns beginning with the 1979-1980 season acct may not be
terminr•rd duriaq tha: perad unless agreed to in writing by Buyer acct Grower. It will be continued thereafter uati! one of the parties gives to ~
the other retie: by registered or certified maitof its intention not to continue for the next season starting October L For such notictso be
effective, r. ^rust be senr rat later than June 30, before the next growing season. The growing wawa shall be the period from October l through
July 3(?eac6 year. If after the fetal determination of amounts due between the parties it shall develop that the Grower is indebted to the Buyer, E
the fore cin notice of termination, if sent b the Grower, shall not be effective unW Grower stall make full payment to the Buyer. c
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12. Notwithstanding the above, Buyer shall have the right to irtcresse the deduction for the operating expenses as set forth but only to the
extent that such costs are incurred by Buyer. Buyer shall aatify Grower in advance of any growing season that such increase will be deducted.
13. Grower warrants good title to the groves described in this contract, and to the fruit produced in said groves, with lawful right to enter into ~
this coatrsct std Grower warrants that the fruit will be free of any and all liens and claims. The individuals signing this contract on behalf of
Grower represent that they have authority to do w. _
i4. Buyer and Grower agree that should legs! action be brought to enforce the terms of this contract, it may be brought in Bradenton, Manatee
County, Florida. It is also agreed that should either party be required to bring legal screen to enforce the terms of this contract. the party w
prevailing shall be emitkd to rcawaable attorneys' fees and coats.
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WITNESSES: SIGNATURES: VARN CI IIS, INC.
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_ Grower or Authorized Agent
P. O. Bmc 550 ~
r ~ Address
~ YE3!S liYSiRUME~T f~PAREb Bpi Ft . Pierce, Fl . 33450
As owner of rho above grove. I join in the action of the independent ~
_ dealer who signed the above as "Grower," including all represen- `
t;,~; ~',v~jv ~N~. rations, agrcemeats, and receipts. Payment for the fruit say be
~ _ ~ , ,I j~ _ made by the Buyer directly to SeUu. _
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-'"~rD-orttS~!$ttyy{~ F-~b~+~~+~ : ;~r?_
Owner _
7~~J 4 4' ~ _ TROPICANA f~R CT INC. _ _ ~t
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~ _ Y _ R. A. Barnebeq - sictent
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