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5 MBAR COI~TTRACT ~4~~~ - Non~Iut 1724 (90)
THIS CONTRACT. made this 12th day of June l9 79 , 2 /
b~yaan -F -SAMPLE INC - .William Vicke ent # -0 J
of -New York, New York 10017
(Grower) atd'1 ROPICANA PRODUCTS. INC., of Bradenton. Florida (Buyer).
1. Grower. in consideration of the payments received and to be received pursuant to this contract, sgrtes to sell to Buyer all early.
midseason and Valencia oranges of good, wholesome, machautabk and marketable quality. from the following specified grows:
ALL VALENCIA ORANGES in the DANCER-FITZGERALD-SAMPLE, ZNC. QtO1TE, known as the
ALLIGATOR GROVE; located approximately fifteen miles southeast of Okeechobee
Road in the Blue Field area, being in St. Lucie County, Florida.
-See ADDENDiM attached.
v
This contract supersedes previous contract entered into between parties dated
4 Novetuber 5, 1977, being Contract #R-431-9.
C - _ .
2. No fruit from any of these specified groves is to be sold or delivered by Grower to anyone other than Buyer 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 kirk 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 entiilod to such other relief as is aUawed by law. If :ue. strike, Act of God, etc., prevents Buyer from accepting soy of Grower's fruit, Buyer -
willpermit Grower to sell elsewhere the amount of fruit that Buyer is so prevented from accepting.
3. The fruit is to be picked by Grower and is to be delivered by Grower to Buyer's processing plant. in the event that, through
circumstanxs beyond his control. Grown shall be unable to pick and load-the•fruit. Buyer may arrange for some person in the business of
picking and loadingg fruit to do so, chuging the Grower the actual cwt of the picking and loading. Ia the event that, for reasons beyond
Grower's contt+ol, Grower shall be-usable to transport the fruit, Buya shall have the right to transport the ittrit charging Grower for such
service per ninety (901b.) pound box. In both cases, this shall be Buyer's right, btu not obligation. The fruit is to be cricked and delivered asand -
when designued by Buyer bnu in this Buya wall as much as possible, but not to lender his operation. aeconirnodate himself to
convenieaoe of Grower. Buyer:iiall have t right, but not the obligation, to take fruit having degrees Brix borer than 9.5. He shall have the
sight, bat not file obligation. to take fruit having a Brix acid ratio lower than I 1 to 1 up to January 1 of each growing season,:<id borer than 12 to
1 after January 1 of each growing season. No fruit will be delivered under contract after July l5 of cwreM season without consent of Buyer.
Buyer will not be required to take any Temples, Murcotts, Tangelos, or Navel Oranges. -
4. The fruit is to be paid for as follows: Buyer will advance Grower weekly for all fruit delivered during that week at the rate of 80~ of
Buyers' spot market prix per pound of solids at the time of delivery, less tht: items to be deducted u stated in ps~rag7raphs 4 and S of this
contract. This is to 6e known as the "tentative price°. In the event the the fruit has been picked or transported, or both, by some person, the
charges for such service as set forth above are to be deducted from the "tentative prior" before payment is made. The final price to be paid co
Grower will be based upon the net amount received by Buyer for the chilled orange juice sold. Ali fruit received from all sources (including
Buyer's own oranges. ~ all the oranges they may bay) will be used and all suppliers will be tteatea equally is computing that prin. The price
for fruit clauified ss tarty and midseason fruit will be determined as one category and the prix of fruit classified as7ate season will 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 prix less albwancea. certain items of cost and profit as follows:
1. For operating expenses, including plant, storage, freevng. 5.95 per case of chilled juice sold.
warehousing, seWng, administration expenses. etc.
market price of the forgoing items
2. Fot packaging materials. or similar packaging as determined
REit{W~ 10 by Buya (not a be duermiood l.y
~fftOPICANA PRODUCTS, IhC. pis charged by affiliated com-
3. Profu. P.O. BOX 338 396 oaf
net FO.B. selling price.
Bradenton. fbrida 33506
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