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Home My WebLink About0734 . E _ s - j " t _ - . • l~ , 5. The pu pound solids price will be basoc~Bpn{ehj~p~~e~~wi~e ~1~ aYas,~if 11i~rs: The average net amount rxeived per gallon of all the chilled juice sold by Buyer between December I and March 31(after the authorized deductions) wtU be multiplied by the - number of gallons yielded by all of the early and midseason fruit received from all sources. Theo, the per pounds solids price for ail s1~plters, equally will be arrived at by dividwg such total price by the numlxr of pounds of solids in the total gallons yielded. The amount owed by Buyei " - to Grower for the early mid-season fruit wiU be the price per pound of solids Wus arrived at, times the patnds 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, hero the tlnal ptrice,j there shall be 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 ceatract. Paymtnt due al such time will be made within thirty (30) da~~s of its determination. _ . 6. In arriving at the price for the fate season fruit the same method shall be used u is stated in psragraph 4 and S, except thu it sha)j.be, based upon chilled juice sold by Buyer betweta April l and November 30. - $ " ~S 7. The amount due for the two categories of fruit shall be the final price for all fruit received by Buyu from Grower for the seat~a. Promptly after a determination of such final price. the parties shall, by payment, settle the amounts due between them bL+ January l~ of the next growrng season. 8. This contract will be binding upon Buyer only after it has been signed by one of Buyer's officers. ~ " 9. Any determination u to classification, or quantity of fruit received, or as to gallonage and/or pounds of solids shall bras reported by daily tests made by Florida Department of Agriculture laspectora, stationed at the premises of Buyu. Buyer is responsible fdr all juice tram " Grower's fruit as reported by said inspectors and BuyerwiU not deduct far spoilage, breakage, or any other loss of jnice 4ccurr[eg after the fruit has been received and accepted by Buyu. _ y - i0. Buyu will submit to Grower a ftgute determined ti~Bpyet tpl~at't6Z perpooad•of soljda pJice for for seatdn and the Dumber of potrods of solids received from the Growu. The per pounds of solids received will be as reported by the Florida Department of Agriculture doilytrpgris. = r _ The figures submitted by Buyer will be certified by a C.P.A. firm. - 11. The within Agreement is for five !lro~g seasons beginning with the 1979-1980 season and may not be - - terminated during that puled unless agreed to in writing by Buyu and Grower. It will be continued thereaftu until o~ of the parties ves to the other trotice_by registered or certified maii•of its inteition cello continue far the next season starting Oetaber~: For mth rib6t~e to ie effective, it must be sent not later than lone 30, before the next growing season. The growing season shall be the period from October 1 through July 30 each year. If afro the final determination of amounts drK~ between the p~srtia it shall develpp tjrat~tbe Growu is indebted to the Buya, the foregoing notice of termination. if seat by the Growu, shall not be effective until Growu shall make full payment to the Buyer.. , 12. Notwithstanding the 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 arc incurred by Buyu. Buyu shall notify Growu in advance of any growing season that such increase will 6c deducted. 13. Growu warrants good title to the groves described in this contract, and to the fruit produved in said groves, with Lawful right to eater into this contract and Growu warrants that the hail will be free of wy and all liens and claims. The individuals signing this contract on behalf of Grower represent that they have authority to do so. - 14. Buyer and Growu agree that should legal action be brought to enfortx the terms of this contnrct, it may be brought in Bradenton. Manatee ' County, Florida. It is also agreed that should either party be required to bring legal sction to enforce the terms of this u,atract, the party so prevailing shall be entitled to reasonable attorneys' fees and costs. - s WITNESS GN Popped ' rowu or his Au A ~ Address P. 0. Boo 1600 THIS 1'STRUt~",FNI` pREPA4ED BY; Rt. Pierce. "Fl. 33450 As owner of the above grove. I join in the sction of the independent ~ - ~ • , , r. ~ : - dealer wl?o signed Abe sbo+e as ..Grower,,. including all represeo- T; ~ _ r , t;, , .:,,t~.. ~ ~ T5, I i'i rations. agroemwts, and receipts. Payment for the fruit may be (i . $ S made by the Buyer directly to Sella. - ~~~~nFt~~4~r-FLO~tiIDA--~'~ : _ _ _ ~ _ TROPICANA PRODUCTS. INC. 1 t ~ By A. Barnebey resident ,t t - oft ~1 "1 uat.c