17. Any unit, item or part of the crops heretofore described which 

 does not conform to those standards and/or grades of quality, size, 

 variety, or condition prescribed by law or established by custom at 

 the place of delivery, or which is damaged or otherwise unfit, is 

 unmarketable. The Association will not be responsible or accountable 

 for unmarketable crops or unmarketable units or parts thereof, either 

 in the field or delivered to it, and may dispose of the same with or 

 without consideration at any time the Association deems fit, and in 

 its discretion the Association may refuse to harvest such crops. The 

 Grower will reimburse the Association in handling, dealing with or 

 disposing of such crops or such units, items, or parts thereof. Any 

 refusal to handle by the Association shall constitute a release and 

 Grower may dispose of any units or parts of crops refused in any 

 manner he shall see fit. 



18. Spring crops shall mean all crops harvested between January 1 and 

 August 1, and Fall crops shall mean all crops harvested between August 

 1 and December 31. 



19. There may be some crops herein designated which are ndt yet planted. 

 There shall be no penalty for not planting any crop herein specified, 

 provided, however, that if the Grower herein fails to plant the acreage 

 herein specified and plants or grows the crop herein specified or any 

 acreage not herein specified at the period for which the crop described 

 herein is to be grown, the Association shall be entitled to such crop 



so grown to the extent of the acreage herein specified. 



20. In the event the Grower shall sell any or all of the crops des- 

 cribed in the Appendix hereto, other than in accordance with the terms 

 of this agreement and the By-Laws of the Association, such act will 

 injure the Association to an amount that is and will be impracticable 

 and extremely difficult to determine and fix. For each packed crate 

 sold, delivered, or disposed of by a Grower in violation hereof, 



such Grower will pay the Association in cash on demand a sum equal 

 to the product of the number of crates so sold multiplied by Associ- 

 ation's then estimated cost per unit or crate; at the end of the 

 year in which such crops are sold, such Grower will be entitled on 

 written demand delivered to Association to a refund of the excess 

 of such estimated cost over actual cost on the same basis as a non- 

 violating Grower. In the event of any such breach or threatened 

 breach, the Association, in addition to damages, should be entitled 

 to an injunction to prevent the further breach thereof and to a 

 decree of specific performance under this contract. The Grower 

 agrees to pay all cost, bond premiums, expenses and attorney's fees 

 if any legal or equitable action is presented by the Association to 

 compel performance of this contract, or to enjoin any breach thereof 

 or to recover damages for any such breach by the Grower. 



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