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5. The per pound x~lids price will be based upon chilled juice salts and will be arrived at as follows: The average net amount received per
gallon of all the chilled juice sold by Buyer between December 1 and March 31 (after the authorized deductions) will be multiplied by the
aumber of gallons yielded by all of the early and miusc~on Gvit received from all souses. Then, the per pounds solids price for all suppliers
eyually will be arrived at by dividing such total price by the number of pounds of solids in the total gallons yteWed. The amount owed by Buyer }
to Grower for the eariymid-xason fruit will be the price per pound of solids thus arrived at, times the pounds of solids yielded by the early arwl
midseawn fruit delivered to anti received by Buyer. F m the weekly advances, atxl if any advances are not made weekly. from the final price, I
there shall be deducted, before payment, any advances made less the proportionate amount of any State or Federal tax measured by the amount ~
of fruit bought or processed by Buyer, and any amount due pursuant to paragraph 3 of this contract. Payment due at such time well be made t
within thirty (30) days of its determination.
6. In arriving at the price for tbe late xason fruit the same method shall be used as is stated in paragraph 4 and S, except that it shall be
based upon chilled juice sold by Buyer between Aprit 1 and November 30.
7. The amount due for the tw•o categories of fruit shall be the final price for all ftutl received by Buyer from Grower for the xason_
Promptly after a determination of such final price, the parties shall, by payment, settle the amounts due between them by January IS of the next '
growing xason.
8. This contract will be binding upon Buyer only after it has been signed by one of Buyer's officers.
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9. Any determination as to classification, or quantity of fruit received, or as to gallonage and/or pounds of solids shall be as reported by
daily tests made by Florida Department of Agriculture Inspectors, stationed at the premises of Buyer. Buyer is responsible for all jutce front
Grower's fruit as reported by said inspectors and Buyer will not deduct for spoilage, breakage, or any other loss of juice occurring after the fruit ;
has been received and accepted by Buyer.
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10. Buyer will submit to Grower a figure determined by Buyer to he the per pound of solids price for the season and the number o(pounds of
xtlids received from the Grower. The per pounds of solids received will be as reported by the Florida Department of Agriculture daily reports.
The figures submitted by Buyer will be certified by a C.P.A. firm.
I I. The within Agreement is Gtr One growing xasons beginning with the 1979-1980 xason and may not be
terminated during that period unMss agreed to in writing by Buyer attd Grower. It will be continued thereafter until one of the parties gives to i
the other notice by registered or certified mail of its intention not to continue for the next xason starting October I. For such notice to be ~
effective. it must be xnt not later than June 30, before the next growing xason. The growing xason shall be tbe period from October 1 through
July 30 each year. If after the final determination of amounts due between the parties it shall develop that the Grower is indebted to the Buyer.
the foregoing notice of termination, if xnt by the Grower, shall cwt be effective until Grower shall make full payment to the Buyer.
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12. Notwithstanding the alxwe. Buyer shall have the right to increase the deduction for the operating expenses as set forth but only to the ~
extent that such costs are incurred by Buyer. Buyer shall molly Grower in adsartce of an}growing season that such increase will be deducted. f
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13. Grower warrants gout title to the groves described in this contract, and to the fruit produced in said groves, with lawful right to enter into
this contract and Grower warrants that the fruit will be free of any and all liens and claims. The individuals si¢nin2 this contract on behalf of
Grower represent that they ~?~vt3~Wltc~ity to do so. `
14. Buyer arwi Grower agree that should legal action be brought to enforce the terms of this contract, it may be brought in Bradenton, :Manatee
Ctwnty, Florida. It is alw agreed that should either party be required to bang legal action to enforce the terms of this contract, the party so
prevailing shall be entitled to reasonable attorneys' fees arxi costs. i
1 N S: SI NATURES: WILLI~Z'i ~T~ ~ TRUSTEE
G er or his Authorized A ant
~`~~,'-y r, f -~c~- Suite 840, Hartford Bldg.
` Address
s 200 E. Robinson Street
~ U Orlando. Florida 32801
y THIS IMSTRUME9T PREPARED t,Y:
As owner of the above grove, I join in the sction of the independent
~ dealer who Signed the above as "Grower," inclttding all tepresen-
! ri, - cations, agreements, and receipts. Payment for the fruit tray be 1
P ~ t . ~ ` ~ I ~ ~ J . made by the Buyer directly to Seller.
~ P. 0. a v _ .
..:r u -;j ~'t~~ ~~~tflA sJ~v4 owner
w ~ ;-l TROPICAN
j [NC.
a i~ y B / .
r
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# ! - •-t' • i~ J. J. Ogilby -Vice-President `
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