THE GROWERS' SELLING AGENCY 117 



has been approved by the parties hereto as a' satisfactory 

 system of cooperative marketing. Now, in consideration 

 of the foregoing, the parties of the second part [the local 

 associations] do hereby severally agree to market all fruit 

 controlled by them or that may hereafter come under their 

 control during the term of this agreement through said first 

 party [the district exchange], it being understood and 

 agreed that the said party of the first part has entered into 

 an agreement with the California Fruit Growers Exchange 

 for the sale of said fruit in accordance with the general 

 plan adopted by said exchange, to which plan and agree- 

 ment reference is hereby made, and the same is hereby made 

 a part of this agreement. 



The said party of the first part is hereby authorized to 

 retain as brokerage, from the net proceeds rendered to it 

 by the agents of the California Fruit Growers Exchange, 

 or from any other sales of fruit under this agreement, such 

 sum of money as their Board of Directors may from time 

 to time designate or deem sufficient to cover the expense 

 incurred in making such sales. Should the actual expenses 

 incurred by the said party of the first part during the term 

 of this agreement amount to less than the fund derived 

 from the brokerage so retained, then the surplus shall be 

 refunded to the said parties of the second part, according 

 to the number of boxes of fruit shipped by each. . . . 

 Oranges, lemons and other citrus fruit, as well as auctions 

 and agents' sales, may be assessed on a separate basis, and 

 for different amounts. 



Provided that whatever difference, if any, is made by 

 the California Fruit Growers Exchange in its charges for 

 marketing oranges, lemons and other citrus fruit, respec- 

 tively, shall be followed and carried out in the adjustment 

 of moneys retained by the party of the first part from the 

 said parties of the second part. 



The party of the first part agrees to use its best efforts 

 to sell and dispose of the fruit controlled by the said parties 

 of the second part, but it is expressly understood that in so 

 doing it acts only as the agent of the said parties of the 

 second part, and assumes no responsibility or financial lia- 

 bility therefor further than it agrees to turn over to the 



