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. 4~~~ Mat 8980 (80) p ~
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- - - TPA"R'1'ICIPATI~i~t A~GREEIIA~~~`CO~'g11C'1`
F THIS CONTRACT, made this .18th day of January .19 ~ ~
VARN CIT~DS,, INC. (R-BS2-ll)
' P. 0, Boz SSO - Ft. Pierce, Florida 33450 E
E Of
(Seller) and TROPICANA PRODUCTS. INC.. of Bradenton, Florida (Buyer).
WITNESSETH
1. Seller, is consideration of the payments received and to be received pursuant to this coatrsM, agrees to sell to Buyer Early. Midseason
_ and Palencia oranges of good, wholesane. merehantabk and marketable quality. as folbws:
- - - - - - - - - Boxes Early and Midseason 30.000 Boxes Valencia:
Tropicana Products, Incas Participation price paid to Graver Will be no less thsn
eighty ($.80) cents per pound of solids delivered for the 1979-1980 season.
Advance to be at the rate of 80X of guaranteed price, or of the Buyers spot market
price per pound of solids. at time of delivery, whichever is greater.
This agreement is for the 1979-1980 season only.
4 2. This contract is to be a lien upon die fruit of Seller until the contract has been fulfilled, irtespoctive of any wbsequent transfer of tick to
the fruit. llun-delivery of the specified volume of fruit shall entitle the Buyer to specific perfocsnance of the contract: if fin, strike. Act ofGod.
" etc., prevents Buyer from sccepting any of Seller's fruit, Buyer will permit Seller to sell elsewhere the amount of fruit that Buyer is so
! prevrnieii from aC~epiirrg.
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3. The fruit is to bt picked by Seller and is to be delivered by Seller to Buyer's prooecsing plant. The fruit is to be picked and delivered as
and when designated by Buyer but in this respect Buyer wiU as much as possible, but not 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 rat the obGgatioo, to take fruit baring it Brix scid ratio bwer than 11 so I up to laouary 1 of each growing Mason and bwer than 12 to I
aRer January 1 of each growing season. No fruit will be delivered under contract after July IS of current season without consent of Buyer.
Buyer will not be required w take any Temples. Murcotts, Tangelos, or Navel Oranges.
4. The fruit is to be paid for as folbws: Buyer will advance Seller weekly for~all fruit delivered during that week at the rate of 809c of
Buyers' spot market price per pound of solids at the time of delivery. less the iteiIIs to be deducted as ststod in paragraphs 4 and S of this
contract. This is to be known as the "trntative price." The final price to be paid' Seller will be based 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) will be
used and all suppliers will be crested equally in computing that price. The-price fQr trait classified as Early and Midseasort fruu will be
determined as one category and the price of fruit classified as Late season will be detmninod as a separate category. The. price for both
. categories will be computed as folbws: Buyer will deduce from his net F O. B. Bradenton, Florida, selling price less albwarices. certain items
~ of cost and profit as folbws:
1. For operatingexpeoses. including plant. storage, freezing, 5.95 per case of chilled juice sold.
warehousing. selling. sdministration expenses. etc.
2. For packaging materials. market price of the foregoing items . "
• or similar packaging as determined
f ~U~ .ro by Buyer (rant to be determined
by prices charftcJ by affiliated +
TROPICANA PRODUCTS, WC. - ~~rmpanics).
3. Profit. P.Q. BO>< ~ of net F t B..elhng parr.