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5. fhe per p;+und wlids price ~ ill be based up~m chilled juice wilts and will bt arri,~d at as follows: The average net amount recencd per p
gallon ul all the chilled juice ,old by Bu}tr between Uectmber 1 and March 31 latter the authorized deductions) will be multiplied by the j
number of gallons yielded by all of the early and midxasun fruit receivc~l from ell sources. Then, the per pounds solids price for all suppliers
equally w ill be arrive-~l at by div iding such total price by the number of pounds of >ulid, in the t.Kal gallons yrelded. 'fhe amount owed by Buyer
to Grower for tbe early mid-stawn fruit will be the price per pound of solids thus arrive) at, times the pounds of solids yielded by the early and
midseawn fruit delivered to atxl received by Buyer. From fete weekly advances, a.:d if any advances are not made weekly, from the final pace,
there shall be deducted, before payment, any ads anrts made Itss tbe ptupixlionate anwunt of any State or Federal tai mta_sur~d by the anwunt
of fruit b~wght ur prtxessed by Buyer, and any anx>unt due pursuant to paragraph ~ of this contract. payment due at such time will be made r
within thirty (30) days of its determination.
6. In arriving at the price for the late season fruit the same mettwd shall be uses) as is stated in paragraph 4 and 5, except that it shale be
based upon chilled juice sold by Buyer between April 1 and November 30-
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7. "iht •anwunt 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 dttrrminauon of such final price, the parties shall, by payment, settle the amounts due between them by January I S of the ne;t j
growing season.
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tt. This contract will be binding, ulxm Buyer onh alter it has been signed by one of Buyer's officers. i
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y. Any determination as to ~ lassifit
atiun. or quantity of fruit received, or as to gallonage and/or pounds of wlids shall be as reported by
daily tests made by Florida Ikpartmem of Agriculture Inspector, stationed at the premises of Bu}er- Buyer is responsible for alt juice from
Grower's fruit as reported by said inspectors and Buyer will not deduct for spoilage, breakage, or am' other loss of juice occurring after the fruit
has been received and accepted by Buyer.
10. Buyer will submit to Grower a figure determined by Buyer to be the per pound of solids price for the seawn arxl the number of pounds of
solids recei red from the Grower. The per pounds of solids received will be as reported b} the Florida Department of Agriculture daily reports.
The figures submitted by Buyer will be certified by a CP A. firm.
five 1979-1980 d
11. The within Agreement is for - growing seasons beginning with the season and ma} not be $
! terminated during that periaf unless agreed to in writing by Buyer and Grower. It will be continued thereafter until one of the parties gives to ~
the other notice by registered or certified mail of its intention not w ~onunut for the next season starting (k tuber 1. For such notice to be
effective, it must be sent not later than June 30. before the next growing season. The growing season shall be the peri~xl from October 1 through
{ July 3U each year. If alter the final determination of amounts due between the parties n shall develop that flit Grower is indebted to the Buyer,
the foregoing notice of termination. if sent b}• the Gruver, shall nut be effective until Grower shall make full payment ro the Buyer.
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I_'. \otw ith,tandmg the atxi,t. Bayer ,hall have tbe right to mrrease the deduction for the uptraung e~pensts as set forth but uni} to the
extent that wch rusts arc incurred b} Buyer. Bu}er ,hall notify Grower ~n advance of an} growing stasum that such increase will be deducted. `
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13. Grower warrants gaxl thle to the grouts described in this contract. and to tbe frwt pr~xfuctd in said groves, with lawful right U+tnter ant+:
flit, contract aril Gruver warrants that the fruit will be fret of any and all liens anJ claim,. The irxliciduals signing flit, rontrar~ c;~ behalf of
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I d. Buyer and Grower agree that should legal action be brought to enforce the terns of flit, contract. it ma, be brought in RraJtru~n. 11srat.c
County. Flonda. It i, al.o agreed thaYshuuW chher part} t+e rrywred to bring legal action to enforce the terms of flit, c~+nt:act, tbe part} so
prevailing shall be entitled to reaw+nable attorneys' fees aril rots.
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~~'ffNf:SSES: SIG~:~TLRES: I,. POPPELL
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f-? Grower or his uthuriztd nt
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P. 0. Box 1600
wa Addre„ _ 4
Ft. Pierce, F1. 33450
• THIS INSTRUME~~T PREPARED BY' _ As vw nee of Ito atrnc grout, 1 join in the action of the indeperxfent
dealer who,igned tbe about as "Grower." including all represcn-
tauon.. agreements, aril receipts- payment fur the fruit maybe ;
_ - _ - trade by the Buyer directh• Io Seller.
~ of l'w~i'iH I ..v ~l li ri I J, li~v.
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BRAGS;~ i uN, EI.ORIDA 33506
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- - - By - ~ ' = ~ ~ - -
f ' J; , J . Ogil. y -Vice Prea ident