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~R~+~"~~ t~~~A~ ContraM
No.B-012-11
THIS CONTRACT, made this 19th day °t 5 Lake Shore Road ' 19~
between DR_ D_ S_ COUDr1~ Sam O_ S1Lrif~,,,,oo of Grouse Point Shores. ~~r)
and TROPICANA PR0DUCTS,INC. of Brsdeatoa, Florida (Buyer). Mich. 48236
WITNESSETH:
1. Seller in consrderatiOn of the payments reeelved and t0 bC r'00e1VCd pursuant tO thra Contract agrees tO aCll
to Buyer all afros fruit of good wholesome, merchan4bk and tnuketabk quality, as follow::
All PINBAPPLB and VALBNCIA ORANGES (except LATE BLOOM) of the 1979-1980 seasoa.
@ Tropicana Products, Inc.ts Daily Market Price at time of delivery. Tropicana
Products, Incas Daily Market Price to be no less than $.85 per pound of solids
delivered.
Z All fruit contracted to be purchased shall be delivered to Buyer on or before seasonal , 19~Q
provided Seller shall not be hampered or prevented from picking or shipping the same within acid period by AM of God,
strikes. railroad or other embargoes, quarantine or any other condition, matter or thins. beyond its control. in which case
the time for gathering and shipping said fruit shall be extended a length of time equal to the period of the hampering or
prevention caused as aforesaid. In the event that through arcumstanees beyond his control Seller shall be unable to pick
and load the fruit, Buyer shall have the right to do so charging Seller for such service at Buyer's cost. In the event that
through arcurnstances beyond his control Seller shall be unable to transport the fruit, Buyer shall have the right to do so
charging Seller for such service per ninety (90 Ib.) pound box. In both cases this shall be Boyar's right, not obligation.
3. WiWout limiting meaning of "good wholesome, merchantable and marketable" it is agreed that in event of
substantial damage by weather, such as frost or freezing, wind, drought, hail, etc., Buyer may elect to abandon this contract
which shall be done by registered mail mailed not later than fourteen days after the termination of the weather condition
which caused the damage, sent to address given below whereupon Buyer shall be entitled to immediate refund of advance
payment less price of any fruit picked for which settlement has not been made. In such case Buyer may elect to take such
fruit as he shall consider useabtc, provided Buyer pays for it in accordanct with the tcrrrrs of this contract.
4 (Buyer has this day advanced to Seller the sum of S ,the retxipt
of which is hereby acknowledged by the Seller, which sum is in advance and part payment for said fruit at the price above
Stated. Should Buyer, in breach of this contract, refuse to take this fruit, the amount remaining on deposit with -the Seller
shall be forfeited to Stiller and shall be the sole damage hereunder.
S. If the value of the good wholesome, merchantable and marketable fruit available has not equalled the amount
paid by Buyer at the conclusion of the season provided for herein, the overage immediately will be returned by Seller to Buyer.
6. Seller warranu good title to said fruit with lawful right to enter into this contract and warrants that it will be
free of ail Dens and claims. The individuals signing this contract on behalf of Seller represent that they have authority to do so.
7. None of the fruit identified in this-rnntract is to be sold or delivered by Seller to anyone other than Buyer without
Buyer s written permission. This contract is to be a lien upon the fruit irrespective of an}• subsequent transfer of title to it.
In the event of any attempt by Seller to sell to another, Buyer shall be entitled to injunctive relief, plus all other relief
allowed by law.
8. Buyer and Grower agree that should Icgal action be brought to enforcx the terms of this contract, it may be
brought in Bradenton, Manatee County, Florida. It is also agreed that should either party be required to bring legal
action to enforce the terms of this contract, the party so prevailing shall be entitled to reasonable attorneys fees and costs.
The~DR. D. S. GOUDA GROVES, one grove located on Snead Road approximately three
miles south of iI.S. bS, anct rile other grave loc:a%eL un ?r`id;~ay Dr_.ar~ PgproYimatelY
one mile east of Shinn Road, both being in St. Lucfe County.
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DR . D . S . GOUDA ~ °D
WITtiESSES SlGNA70RFS Sam O. Sherif, Age t
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ScikfEr his Autlwrvtd Agrn~ T
575 Lake Shore Road
~ - ~ ~ ? /~`{i - ~ Grosse Point Shores, Mich. 48236
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TROPICA\A PR0DI'<'7 . I%C !!k ~
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