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CASH PURCHASE CONTRACT Contract
481306 No.s-log-11
THIS CONTRACT, made this 20th day of Febt:~uary , 1980
P.,O~,Box 550
between YARN CITRUS. INC. _ of P{e cA~FI. g34S0 ~Shcer)
and TROPiCAyA PRODUCTS, 1NG of Bradenton, Florida (Buyer).
WiTNESSETH:
1. Seller in consideration of the payments received and to be rooeived pursuant to this contract agrees to sell
to Buyer all citrus fruit of good wholesome, tnerchantabk and marketable quality, as fopows:
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70,000 boxes of WHITB GRAPEFRUIT (except LATE BLOOIri), Field Run and Packing Aouse
Eliminations accepted, of the 1979-1980 season.
@ $1.00 per pound of solids delivered, at time of delivery.
Fruit must test 9:00 Brix with 8.:00 Ratio, or better.
2. All fruit contracted to be purchased shall be delivered to Buyer on or before - Seasonal , ly 80 ,
provided Seller shall not be hampered or prevented from picking or shipping the same within said period b}• Art of G<xl, strikes,
railroad or other embargoes, quarantine or any other condition, matter or thing, beyond its control, in which case the time Car 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 circumsaances beyond his control Seller shall be unable to pick and load the fruit, Buyer may arrange for some
person in the business of picking and loading fruit to do so, charging Seller for such service at Buyer's cost. In the event that through
circumstances beyond his control Seller shall be unable to transport the fruit, Buyer shall have'the right to do w charging Seller for
such service per ninety (901b.) pound box for oranges, and eighty-five (851b:) pound box for grapefruit. In both rases this shall be
Bu}•er's right, not obligation.
3. Without limiting meaning of "good wno)rsuu)~,, ures~uastav)e anu nw)wc~au?e u u 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 rcgisterod mail mailed not later than fourteen days after the termination of the weather condition
which roused the damage, sent to address given below whereupon Buyer shall be entitled to immediate refund of advance
payment leas price of any fruit picked for which settlement has not been made. In such case Buyer may elect to take such
fruit 3s ht: shall consider useable, provided Buyer pays for it in accordance with tht terms of this contract.
4. Buyer has this day advanced to Seller the sum of S the receipt
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 Seller and shall be the sole damage hereunder.
5. If th.: vahte 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 warrants good tick to said fruit with lawful right to enter into this contract and warrants that it will be
free of all liens 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 contract 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 any subsequent transfrr of title to it. v
In the event of any attempt by Seller to sell to another, Buyer shall be entitled to injunctive relief, plus all other relief N is
~ allowed by law. o c can
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F- -J : L
E S. Buyer and Grower agree that should Icgal action be brought to enforce the terms of this contract, it maybe ~ Q o 0
brought in Bradenton, blanatet County, Florida. It is also agreed that should either party be required to bring legal ~ a m "
action to enforce the terms of this contract, the• party so prevailing shall be entitled to reasonable attorneys fees and costs. it a ~ c
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r JHIS IMSTRUMEfIT PREPARED BY:
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~ J~::r~1„'t ~.yr:~.~~JCTS, INC.
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P. 0. Lam,.
WIT\ESSES U1,I,:~L.i~ i iii) i-LGRIDA SIG\ATURES: YARN CITRUS, INC. '
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Seiler or Ms A horJtd AEent - - ~ - - 4
r P. 0, Box 550 ~
Ft. Pierce, Florida 33450
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TROPIMNA PR(N)1'CT f '
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