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. 469'73S Non-Mat 8813 (80)
~fHIS CONTRACT, made this 1Sth day of October _ ly 79 ,
between UNITED GROVE CARBTAKERS, II~C. - 3atnes W. Piowaty, President (K-A25-Il)
of P. 0. Box 1960 - Ft. Pierce, Florida 33450 _
(Grower) and TROPICANA PRODUCTS, INC., of Bradenton, Florida (Buyer).
WITNESSETH:
1. Grower, in consideration of the payments received and to be received pursuant to this contract, agrees to sell to Buyer all early.
midseason attd Valencia oranges of good, wholesome, merchantable and marketable yuality, from the following specified groves:
Tropicana Products, Inc. will accept twenty-five (25~) percent of the crop con-
trolled by United Grove Caretakers, Inc., up to:
40,000 boxes combination of NAMLIN and PINEAPPLE ORANGES
40,000 boxes VALENCIA ORANGES
For further infortttation see ADDENDUM attached.
This agreement is for the 1979-1980 season only.
This contract supersedes previous contract entered into between parties dated
October 21st., 1976, being Contract #R-085-8.
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2. No fruit from any of these specifted groves is to be wld or delivered by Grower W anyone other than Buyer without Buyer's written i
permission. This contract is to be a lien upon the fruit prexiuced in the alxwe groves, irtespective of any subsequent transfer of title to them. In
the event of an} attempt to sell to anotber, Buycr shall be entitled to tnjunrtive.relief" If any such sale or delivery is consummated. Buyer shall
be entitled to such other rebel as rs allowed by law. If fire. strike. Act o(God. etc., prevents Buyerfrom accepting any of Grower's fruit. Buser
will permit Grauer to sell elsewhere the amount of fruit that Buyer is See prevented from acrelrting.
Thr fruit is to be picked by Grower and is to br delivered by Grower to Buyer's prcxesstng plant. In the rsrnt that, through
circumstances beyond his control. Grower shall be unable to pick and lose: the fruit. Btiyer may arrange for same person in the business of
s picking acrd loading frurt to do so. charging the Gruwrr the actual cost of the picking arrel loading. )n the event that. for reawns beyond
Grower's control. Grower shall be unable to transport the fruit, Buyer shall have the right to transport the fruit charging Grower for wch
semce per ninety (90 Ib.) piund box. In both cases, [tits shall be Buyer's right, but not obligation. The fruit is to be picked aril delivered as aril
when designated by Buyer but in this respect Buyer well as much as pr. Bible. but not to hinder his operation, accommrxlatr himself to
ronvrmence of Grower. Buyer shall have the right, but nut the obligation, to take fruit having degrees Briz lower than 9.5. Hr shall base the
right, but not the obligation, to take fruit having a Briz acid ratio lower than 11 to I up to January 1 of each growing sa axm, and lower than to
- 1 after January I of each growing sea.on. do fruit witl F?e dehcrred under contras after July IS of current Brawn without consent of Buyer.
Buyer will not be required to take an) Temples. Vurcotts. Tangrlm. or `avel Oranges.
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4. "Cbe fruit is to be paid for as follows: Buyer will advance Grower weekly (or all fruit delivered during that week at the rate of 8~~r of
Buyers' spot market price per pounJ of solids at the time of deliver} . Iras the items to be deducted as stated in paragraphs 4 and 5 of this
contract" This is to be known as the "tentative pace". In the event that the fruit has been picked or transported, or M>th, by some person, the
i charges for such service as set forth above are to be deducted fmm the "tentative price" before payment is made. The final price to be paid a•
Grower will be based upon the net anwunt received by Buycr fur the chilled orange juice sold. All fruit received fmm all sources (including
r Buyer's own oranges, and all the oranges they may buy) will be usrrl and all supplier will be treated equally t.: computing that price. The prier
for fruit classified as early and midseasun fruit will he determrned as one category aril the price of fruit classified as late season will h
a determined as a separate category. The price for txNh categories wih t?e computed as follows: Buyer will deduct from hi; net F.O.B. Bradenton.
~ Florida, selling price Irss allowances, certain items of cost arxf profit as follows:
1. For operating expenses, including plant, storage, freezing. 5.95 per rase o. chilled juice sold.
warehousing, selling, administration expenses, err.
market price of the foregoing items 3
f 2.-For packaging materials. or similar packaging as determined
x RETt1P,A1 TO by Buyer (nM to be delrrminrd by
TROPICANA FRCDLCTS, INCr prices charged by affiliated ronr-
pantes).
3. Profit. P.O. BOX ~3$ Zrk ~~f
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