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* • ~-~RRtl11'~AAC'R~PATION "IR~REEMENT ~aEAI.~' C• _w. ~ -
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THIS CONTRACT. made this 28th
day of January ,19~
between VA~tN CITR~18s INC. (IC-859-11)
. ;
of P. 0. Boz 550 - Ft. Pierce, Florida 33450 -
(Selkr) and TROPICANA PRODUCES, INC.. of Bradenton. Florida (Buyer). `
1
WITNESSETH
1. Seller. in consideration of the payments received and to be received pursuant to this contrsct, agrees to xll to BuyerEarly. Midseason -
- and Valencia ortuutes of good. wholesome, merchatttabie and markegbk gwlity. as folbws: .
Boxes Early and Midxason 20,000 Boxes Valencia
Tropicana. Products, Inc.•s Participation price paid to Graver will be no less than
eighty-five ($.85) cents per pound of solids delivered for the 1979-1980 season.
l~dvance to be at the rate of BOx of guaranteed price,. or of the Buyers spot market
price per pound of solids at tine of delivery, whichever is greater.
It is also understood that the prices set forth above are guaranteed prices #or the
year indicated. The actual price will be the guaranteed price, PLUS all the rise •
detervined by the formula provided in-the contract if it ezceeds the guaranteed
price provided for herein.
This agreeltent is for the 1979-1980 season Daly.
2. This contract is to be a lien upon the fruit of Se{kr until the contract hss been futfilkd. irtcspective of any wbsequent transfer of title to
the fruit. Non-delivery of the specified volume of fruit shallentitk the Buyerto specific perforrnartcx of the contract. if fire, strike. Act of God,
etc.. prrvents Buyer from xceping any of Seller's fruit, Buyer will permit Seller to sell elxwhero the amount of fruit that Buyer is so
prevented from accepting. _
3. The fruit is to be picked by Seller and is to be delivered by Seller to Buyer's processing plant. The fruit is to be picked and delivered as
and when designatal by Buyer but in this tespect Buyer Mill as much as possible. but rpt to hinder his operation. accommodate himself to
convenience of Seller. Buyer shall have the right. but not the obligation,•to take fruit having degrees Brix bwer than 9.S°. He shall have the
right, but not the obligation. to take fruit having a Brix acid ratio borer than I I to t up to January ! of each growing season and bwa than 12 to 1
after January 1 of each growing season. No fruit will be delivered under contrxt after July 15 of cturent season without consent of Buyer.
Buyer will riot be requirtd b take any Temples, Murcotts, Tangebs, or Navel Oranges.
4. The fruit is to be paid for u follows: Buyer will advance Seller weekly for all fruit delivered during that week at the rate of 8096 of
Buyers' spot market price per pound of solids at the time of delivery, less the items to be deducted as stated in paragraphs 4 and S of this
contract. This is to be known as the "tentative price." The final price to be paid • Seller will bt hued upon the net amount received by Buyer
for the chilled orange juice sold. All fruit received from all sources (including Buyer's own oranges, and all the oranges they may buy) wall be
used and alt suppliers will be tnatod oquatly in computing that price. The price fix fruit ctasified as Early and Midseason hvit will be
determined as one category and the price of fruit clsssifiod as Late season will be delermirted as a separate category. The price for both
categories will be computed u folbws: Buyer will deduct from his net F O. B. Bradenton, Florida, selling price less albwances, certain items
of cost and profit as folbws:
1. For optratiag expenses, including plant, storage, freezing. 5.45 per case of chilled juice sold.
warchouwtg, selling. administration expegxs, etc. .
2. For packaging materials. market price of the foregoing items _
• or similar psckaging as determined
I~TUW'1 TO by Boyer (not to be determined
. ~~QP~ PB~U~Sr by Price. charged bg affiliated '
P.Q. BOX ~ campanic.l.
3. Profit. t,;l
'Bf~@Rf011, F~1~ _ • ••t net F U- B. ~rllurg prn•r .