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Home My WebLink About0508 r i • t growing season. Thereafter, for the 1982-83 and the 1983-84 growing seasons, Grower agrees to give Buyer a right of first refusal or option to purchase the fruit covered by this Participation Agreement. Before selling or contracting to sell the fruit covered by this Participation Agreement to a third party during the foregoing growing seasons, Grower agrees to offer, in writing, to sell the fruit to Buyer upon the same or substantially similar terms (and for the same period of time) as those offered to the third party. -This option shall remain in effect for a period of 30 days after notice thereof is received by Buyer. If, however, the offer is not accepted by Buyer within the 30 day period, the option shall lapse and Grower may sell or contract to sell the fruit to the third party upon the same terms and conditions as were offered to BuyeY. Buyer shall receive a similar option to purchase the fruit covered by this Participation Agreement for the 1983-84 growing season, unless the offer given to Buyer (and not accepted by Buyer) for the 1982-83 growing season was for a term of two growing seasons. 5. Buyer agrees that Grower may convey the grove or groves covered by this Agreement at any time. If the closing on the con- veyance occurs after July 30 but before September 15, this Agreement } j shall terminate and Buyer will not be entitled to the fruit grown during the following growing season. If, however, the closing on the ~ conveyance occurs on or after September 15, Buyer shall~be entitled to the fruit grown during the following growing season. i 6. This Agreement supersedes Tropicana Products, Inc. Fruit Participation Agreement with Kay Two Grove, Limited dated February 1, 1979 and recorded in the public records of St. Lucie County, Florida on February 7, 1979 in Official Record Book 302, page 2731, and the Addendum recorded at Official Record Book 302, page 2735. l flQaK JJO PA6f _ - 2 - _