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5. The per poutxl wliJs price will be base) upon chills) juice sales and will be arrisrJ at a. follows: The average net amount receivrJ per
gallon of all the chilleJ juice solJ by Buyer between December I anJ March 31 (after the authorize) deductions) will be multip6eJ by the
number of gallons yieWrd by all of the early arxf miJseax~n fruit receive) from all sources. Then, the per pounds solids price for all suppliers
equally w il! be arrivrJ at by dividing wch total price by the numt?er of pourtDs of solids in the uxal gallons yielJeD. The amount owed by Buyer
to Grower for the early miJ-season fruit will be the price per pound of solids thus arrive) at, times the pounds of solids yirlJrJ by the early anJ
ntiJseautn fruit Delivered to atrtl receive) by Buyer. From the weekly advances, and if any aJvancrs are not male weekly, from the final prier,
tbere shall be DeductrJ, before payment, any advances male Irss the proportionate anwunt of am• Starr or Federal tax mrasur~J by the amtwnt
of fruit bought or procrssrJ by.Buyer, anJ any amount Due pursuant to paragraph,; of~this contract. Pav ntent due at such time will be male
within shiny (301 Jays of its determination.
b. In arriving at the price fur the late season fruit the same method shall be used as is stateD in paragraph 4 and 5, except that it shalt be
base) upon chilled juicy sold by Buyer betw•ern April I atxl November 30.
7. Thr amount Jue fur the two categories of fruit shall be the final pricy for all fruit received by Buyer from Grower for the season.
Promptly after adetrrminatiun of such final price, the parties shall, by payment, srttlr tlx: amuuntsdur between them by January IS of the next
growing .~rs.in.
ti- This contract will be binJing upon Buyer unh after it has been signrD by one u(Buyrr's ufiicers.
9. Any Determination as to classification, or yuannty of fruit receive), or as to gallonage attJlur p.wnJs of solids shall be as reported by +
Daily tests made by Florida Department of Agriculture Inspectors, stauunc~.l at the premises of Buyer. Buyer is responsible for all juice from
Grower's fruit as reporteJ by satD imperturs anJ Buyer will not JrJuct for spoilage. breakage, ur any other loss of jmce occurring after the fruit
has been receivrJ anJ accepteD by Buyer.
10. Buyer will submit to Grower a figure Determine) by Buyer to be the per pound of solids price for the seawn anJ the number of pounds of
solids rece»•eJ from the Grower. The per pounds of solids receiveD will be as reporteJ by the Florida Department of Agriculture Daily reports.
Thr figures submutrJ by Buyer will be certifieD by a C. P A. firm.
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f 11. The within Agreement is for five growing seawns beginning with the 1979-1980 season and may nut be
~ termmateJ Junng that peritxf unless agree) to in w: iung by Buyer and Grower. It will be cuntinueD tbereaftcr until one of the parties gives to
the other notice by registereJ or certified mail of its intention not to continue for the next seawn starting (htober 1. For such notice to be
efferuve, it must be xnt nut later than June 30, before the next growing season. The growing seawn shall be the period from October 1 through
July 3U each year. If after the final Determination of amounts Due between the parties it shall Develop that the Grower is inJebteJ to the Buyer,
E the foregoing notice of termination, if sent M• the Grower, shall nt>t be effective until Grower shall make full pay men: to the Buyer.
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E 1 tiutwithstanding the at>,tvr. Buser shall have the right to increase the )eduction for the operating expenses as set forth but only to the
extent that wch rusts are mcurreJ by Buvrr. Buyer shall notify Grower in aDs ance of any grow ing Brawn shat such inr-rase will be Deducted.
I Grower warrants grhxl title to the groves DescrihrD in this cuntrart. anD to the fruit pnhluceD in sail groves. with ::.wfal right tucnter into
this contract anJ Gruwrr warrants that the fruit will be tree of at~y and all liens anJ claims. Thr in.fis iduals signing this contract u;t tuhalf of
t. irower reprr.en[ that they bast awixntiy to Do x,.
1 J Buyer and Gruwrr agree that shoulD Irgal action be brought to ~ ntorre the terms trf This contract, it maybe 8ruught in Bradrntea. ~lanatrc
County. Florida. It a also agreeD that should sober parts be reyuucd to hnng tern{ action to rnforrr the Terms of this c+~rtrart. the parry so
prcsailing shall be rntitlrD to reasonable attorneys' lets anD cots.
PHILIP IGLEHART
w'ITVtasts: ~ sIG~A~rf°R~s: Billy Norris, Agent
%
- - •
Gr+~wer or his Aut rriteJ Aga nt
/1 ~ /1
~ z- P . O. Box 368
~ - Okeechobee, Florida 33472
TNIS !N TRJt~IEI`!T PREPARED 6't,1
As ow nee of the above grove. I join in the action of the itxlepenJent
Dealer who signrJ the ab.we ss "Grower," including all rrpresen-
tauons, agreements, atxl receipts. Payment for the fruit may be
ny 1' i •frt ~ r+. r _ u ~ l i y matte by the $uyer directly to Seiler.
' l/ 1!::11 S~ Ownec
TROPI(~AN .II~C
- - By
J. Ogi y -Vice President ,
' _ -