158 Pecan-Growing 



portioned ratably by the Exchange and same deducted on a pro- 

 rata basis in final settlement as provided in Clause 8. 



10. (a) The parties hereto fully understanding and admitting 

 that it will be impracticable or extremely difficult to fix the actual 

 damage to the Exchange which will result from the breach of this 

 contract by the Member, hereby expressly agree and stipulate that 

 in the event of the Member's neglect, failure or refusal to deliver 

 within a reasonable time to the Exchange as herein required the 

 pecan nuts, or any part thereof, which are to be delivered under 

 this Agreement the Member will pay to the Exchange the sum of 

 seven cents per pound for Schley nuts covered hereby and not less 

 than two cents per pound for seedling nuts and five cents for all 

 other kinds of varieties covered hereby but not so delivered, as 

 liquidated damages for such breach ; and the Member shall upon 

 request render the Exchange a statement of all nuts sold outside 

 the Exchange with check to cover the damages herein provided for; 

 and this statement may in the discretion of the Exchange be made 

 a condition precedent to final settlement with the Member. 



(b) The Member agrees that in the event of a breach or 

 threatened breach by him of any provision regarding delivery of 

 pecans the Exchange shall be entitled to an injunction to prevent 

 breach or further breach hereof and to a decree for specific per- 

 formance hereof ; and the parties agree that this is a contract of 

 sole and exclusive agency under special circumstances and conditions 

 and that the Exchange cannot go to the open market and buy 

 pecans to replace any which the Member may fail to deliver. 



(c) If the Exchange bring any action whatsoever, by reason 

 of a breach or threatened breach hereof, the Member agrees to pay 

 to the Exchange all costs of court, costs of bonds and otherwise, 

 expenses of travel and all expenses arising out of or caused by the 

 litigation and all reasonable attorney's fees expended or incurred 

 by it in such proceedings; and all such costs and expenses shall be 

 included in the judgment and shall be entitled to the benefit of any 

 lien securing any payment thereunder. 



11. The Member agrees that by this Marketing Agreement he is 

 helping to carry out the express aims of the Exchange for co- 

 operative marketing, for minimizing speculation and waste and for 

 stabilizing the pecan nut markets in the interest of the grower, 

 the buyer and the public through this and similar obligations signed 



