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S. The per pound solids price will be based upon chilled juice sales and will be arrived at ss folbws: The average net araourtt teceirod pee
gallon of all rite chillai juice sold by Buyer between December 1 and Match 31(sfter the authorized deductions) will be mukiplied b'y the
. number of gallons yielded by all of rite isariy and Midseason ituit received iram aii suurea. Theo. rue ~ p<,uu?+ solids ~c fvi.ll r.:~.+w:+
equally will be arrived st by dividing such total price by the number of pounds of solids in the total gallons yieldod..T1r. satotntt
erred by~nyei -
to Seller for the Early Midseason fruit will be the prig per pound of solids thus arrived at. times the pounds of solids yielded by the Early and
Midseasom fruit delivsred to and received by Buyer. From the week(Y adyancei. and if any advat~oes arc mot made weekly. from the irbal pcioQ.,
there shall be deducted. before payment, any advances reads less the proportionate amount of ady Stites orFed'erd tsie meastued by the amottnt
of fruit bought or processed by Buyer. Payment due at such time will be made within thirty (30) days of its detamimatiom. "
6. In arriving ~t tlrt pricb for the Late season (toil the same method s4a11 bs, used as. is ttafod itt parpgraph 4~atd S..t:xcept that it. shall be
based tipoit i:hilkd juice sold by-8uyer between April 1 and November 3b. - -
7. The amount due for the two categories of ftuit:ftall be the foul price for all hair received by Buyer from Seiler for the season. Promptly
after a determination of wch final price. the parties shall, by payment, settle the amounts due between them by January. IS of tie next growing
season. _
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8. This contract will be binding upon Buyer only after it has been signed by one of Buyus.officers.
9. Any determination as to classification. or quantity of fruit received. or m to gallonage and/or pounds o[ solids shall be as reported by
daily tests made by Florida Department o[ Agricuhurc Inspectors, stationed at the premises of Buyer. Buyer a responsible [ot all juice from
Seller's fruit as reporal by said inspectors and Buyer will mot deduct for spoilage. breakage. or any other loss of juice occurring after the fruit
has been received and accepted by Buyer.
10. Buyer will wbmit to Seller a figure determined by Buyer b be the per pound o[ solids pries for the season and the number oI pounds of
solids received from the Seiler. The per pounds of solids ttceived will be as reported by the Florida Department of Agriculture daily reports.
The figures wbmitted by Buyer will be certified by a C.P.A. fun.
11. The within agreement is for otlB growing seasons beginning with the 1979-1980 season and ~y
not be terminated during that period unless agreed to in writing by Buyer and Seller. It will be continued thereafter until one of the parties gives
to the other notice by registered or certified mail of its ioteatiom not io continue for the meat season starting October 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 period from October I through
E 1 my 30 esc6 year. If after the final determination of amounts due between the pariiea it shall develop that tht Seller is indebted W the Buyer, the
! foregoing notice of termination, if sent by the Seller, shall not be effective until Seller shag make full payment to the Buyer.
12. Notwithstanding the above. Buyer shall have the right to increase the deduction for the operating expenses as set forth but only to the
~ extent that such costs arc incurred by Buyer. Buyer shall notify Seller in sdrance of auy growing season that such increase will be deducted.
13. Seller warants good title to the fruit sold pursuant to this contrsct. smd that. the fruit will be free of any and all liens and claims. The
i ndividuals signing this contract om behalf of Seller represent that they have authority w do so.
14. Buyer and Seller agree that should legal action be brought to enforce the terms of this contrsct, it may be bought in Bradenton. Manatee
County. Florida. It is also agreed that should either party be regti~~e~l action ro enforce the terms of this contact. the party so
prevailing shall be entitled b reasonable attorneys' fees and costs.
WITNESSES: SIGNATURES: VAS C 3 s INC.
Seller or s Authorized Agent
- Address P. 0. Boa 550
TH INy7RtlME~ T ~?EPAP~D Ft. Pierce. Florida 33450
As owner of the above grove, t join in the action of the indeQatdeat
- dealer who signed the above as "Seller." including all repraen-
, i:1 S, ~ f iL. rations. agreetttents, snd teoeipta. Payment" far the fruit may be
P. (3. C msde by Boyerdirectly to Seller.
E~„':~L~~iv~1, FLGR;Dq 335
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, f ~p>~ FRO INC. _ ~ ~ _
i ~ i~~ A. Barnebey - Pref~ rant
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