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Home My WebLink About0730 ~ f` ~ - _ Z _ , _ • - - 5. Thc per pound solids price will be based upon chilled juice sales and will tae artivod at as follows: The average net amount received per gallon of all the chtlkd juice sold by Buyer between December 1 and March 31 (after the autborinod doductioas) wdt be muttipticd by the number of gallons yielded by all of the early sad 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 totai gallons yielded. The amount owed by Buyer to Grower for the early mid-season fruit will be the price per gouad of solids thus arrived u, times the pounds of solids yiddod by3tte early and midsessoa fruit delivered to sad received by Buyer. From the weekly advances, and if any advances are nd made weekly, from the Eros! prig. there shall br: deducted. before payment, any advances made less the proportionate 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 this contract. Payment due at such time will be made within thirty (30) days of its determination. 6, In arriving at the price for the late season fruit the same mett>~sh-7a Ike .-used as u shit 3-.-exeept thaEit shall be--» based upon chilled juice sold by Buyer between April 1 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 final price. the parties shall, by payment, settle the amounts due baween them by laauary 15 of the next growing season. - 8. This contract will be binding upon Buyer only after it has been signed by one of Buyer's officers. - • 9. Aay determination as to classification, or quantity of fruit received, or u to gallonage and/or pounds of solids shall be as reported by daily tests made by Florida Department of Agriculture Inspoctors, uationed at the premises of Buyer. Buyer is responsible for all juice from Grower's fruit as reported by said inspectors sod Buyer will not deduct for spoilage. breakage, or any other loss of juice occurrigg after the fruit has been received and accepted by Buyer. - 10. Buyer will submit to Gmwer a figure determined by Buyer to be the per pound of solids price for the season and the number9f pounds of solids received from the Grower. The per pounds of solids received will be as reported by IbeFlorida 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 'five growing seasons beginning with the 1979-1980 ,season ~ may not be - - termiaated duridg that period unless agreed to in writing by Buyer and Grower. it will be continued thereafter until ode of the parties gives to the other notice by registeredor certified mail of its intention not to conCiniie for the next season starting October 1. For such notice to be effective, if must be sent not later than June 30, before the next growing season. The growing season shat! be the period from October ! tbrtwgh • July 30 each year. If after the final determination of amounts due between the parties it shall develop t6~ the Grower is indebted to the Buyer, the foregoing notice of termination, if sent by the Grower, shall not be effective until Gmwer shall make fuU payment to the Buyer. _ 12. Notwithstanding the above. Buyer shall6ave the right to increase the d~udion 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 thu such increase will be deducted. 13. Grower warrants good tick to the groves described in this contract, and to the fruit produced in said groves, with lawful right to enter into this contract sad Gmwer warrants that the fruit will be flee of any and all liens and claims. The individuals signing this contract on behalf of - Growerrepresent that they have authority to do so. 14. Buyer sad Grower agree that should legal 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 requited io bring legal action to enforce the terms of_ this contract, the party so prevailing shall be entitled to reasonable attorneys' fees and costs. DANCER-FITZGBRALD-SAHPLS, INC. WITNESSES: ~ ~ SIGNATURES: William D ckery, Agent - - ~ ~ Grower or his Authorized Agent j V~ ~c~' : 4=w Address rte New York, New York 10017 ~ As owner of the above grove, l joie is the action ofthe independent j dealer who signal the shave as "Gmwer." i~luding alt represen- i cations, agreements, and receipts. Payment for the fruit maybe ~ ^ . ~ fir+" ~ made by the Buyer d'uectly to Seller. 4 ~ ~ ~?)r ?'~`.~E Owner I ;+~i~~;. . as~R _ TROPICANA PRODU S. INC. ,,;,,y, By 4 IC A. Barnebey, Pr ardent • _ ~ x X37 PEE ~'"9