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Show State Marketing Association Approved by Beet Growers less than the acreage hereinafter provided for; and it is agreed that all sugar beets which the grower shall harvest in whatever amount, shall be subject to this contract. V To enable the Association to estimate esti-mate the amount of acreage which will be planted to beets handled by the Association ,the grower hereby declares his intention to grow acres during the season 1924, provided pro-vided a marketing contract shall have been procured by the Association Associa-tion prior to the planting season; and the grower further agrees that he will notify the Association in writing on or before January 1st of each and every year during the life of this contract as the acreage which he proposes to plant sugar beets for the ensuing year. VI It is specifically understood and agreed that this contract is one of many similar contracts between the Association and the growers, who are mutually and individually obligated under the terms hereof; that the association as-sociation shall be deemed to be acting act-ing in its own name for and on behalf be-half of all such growers in carrying out the provisions of such contracts, or in any action or legal proceeding resulting therefrom, and that the Association As-sociation has a special and valuable interest in the faithful performance of this agreement by the grower, and that the Association and the gi'ow -r would be materially damaged by breach of this contract by any grower; grow-er; and the amount of such damage being unknown and difficult to ascertain, as-certain, it is specifically agreed that the grower will pay the Association $1.00 a ton as a liquidated damage on all beets sold or otherwise disposed dis-posed of by or for him other than in accordance with the terms of this contract, which sum has been duly considered and is agreed upon as a reasonable damage; and the grower agrees to pay all costs, expenses and fees incurred by the Association in any action or proceeding for breach of this contract. VII It is further understood and agreed that this -agreement shall be binding upon the grower, his representatives, successors or assigns dui'ing the term of this contract, or so long as he raises sugar beets directly or indirectly, indi-rectly, or exercises ownership or control con-trol over any interest therein, or of (Continued on page 8) Much activity has been connected with the recently organized Utah Beet Growers' Marketing Association, Associa-tion, in the matter of signing vhjj the farmers in and about Gunnison Valley. Val-ley. The local organization which takes in the territory covered by the Gunnison Valley Sugar Co., and extending ex-tending from Manti on the north, to Aurora on the south, is meeting with success and many have signed the contract. The presidents of the local Marketing Mark-eting Associations' and the presidents presi-dents of the County Farm Bureaus left for Salt Lake Wednesday, and Thursday they will hold a meeting in the capitol city, and will also meet with the officials of the sugar companies. com-panies. Herewith is printed a form of the contract: This agreement made and executed execut-ed this day of 1923, by and between the Sugar Beet Association, a corporation of the State of Utah with principal place of business at Utah, herein after referred to as the Association and , a member of said association, of , County, Utah, hereinafter referred to as the Grower: WHEREAS, the Grower is one of a group in that locality of Utah, who are or intend to be engaged in the production of sugar beets; and WHEREAS, he is unable acting by himself to carry on said enterprise as efficiently and economically as if acting in cooperation with other producers; pro-ducers; therefore, said producers have caused to be organized the Association As-sociation above named, by ' and through the agency of which it is intended in-tended to carry on said enterprises on a cooperative basis, NOW THEREFORE, in consideration considera-tion of the mutual covenants and agreements herein contained, the parties agree as follows: I The Grower hereby appoints the Association as his sole agent for the purpose of marketing, or contracting contract-ing for the sale of all sugar beets to be grown by "him or for him on lands owned or otherwise held by him within the locality of County, Coun-ty, State of Utah during the life of this contract. II The Grower agrees to pay to the Association his pro rata share of all expenses incurred by it in carrying out the purposes of this agreement; and in case payments shall be made directly by the purchaser to the Grower, then the Association is hereby here-by authorized to receive from the first payment made on said beets by the purchaser, the Grower's pro rata share of all such expense, and this will authorize the purchaser to make such payment directly to the Asso-cation; Asso-cation; provided, however, that said expense shall not exceed the sum oi three cents per ton on his said beets for any one year; and in case said sum shall be more than sufficient' to pay the expenses of the Association, then the same pay may be retained as a reserve fund to be used by the Association in the interest of the growers, or be pro rated back to the members of the Association as the Board of iDrectors of the Association Associa-tion see fit. Ill The Association shall endeavor to market said sugar beets for the grower whenever and wherever a market may be found in its judgment may be satisfactory to the Growers, and shall, if deemed advisable, invite into the districts of the association other capital and shall make such other efforts as shall be deemed wise for the purpose of enabling the grow- er to obtain a fair and profitable! price for his beets, it being understood under-stood that the express aim of the Association shall be to obtain not less than a 50-50 contract for all beets contracted for by it for the season 192-1; but the Association shall not be liable for any damages that the Grower may sustain by reason of a failure to sell said sugar-beets if in the judgment of the officers of the Association the price offered theie-fore theie-fore is not satisfactory. IV It is further understood and agreed that the grower shall have control over his acreage and production, and the Association is not required to assume any responsibility with respect re-spect thereto, but the grower specif ic-I ic-I ally agrees to plant and care for not i State Marketing (Continued from page 1) ; ' the land upon which said sugar beets . are grown during the term of this : j contract. VIII This contract "shall become operative opera-tive at the date of sginature and shall remain in force continuously for a period of five years unless cancelled in writing by either party between the 1st and 10th days of November, inclusive, of any year; provided that the right of cancellation by the grower grow-er may be exercised only in the event that all his obligations to the Association Asso-ciation have been paid in full at the time of service of such notice; and it is understood that such obligations obliga-tions shall include a fair pro rata of any unpaid obligations assumed by the association while the grower is a member thereof. IX It is understood that a breach of this contract by any one or more of the members of the association shall in no way impair the obligations hereof with respect to any other members or members. X It is understood that this agreement agree-ment is made in contemplation of a general plan the purpose of which shall be to secure cooperation of growers of sugar beets throughout j the state of Utah, and that the growers grow-ers of sugar beets may be organized as units in the several local-cooperate in pursuance of such plan, and that central agencies may be organized organi-zed for. the purpose of affecting cooperation co-operation among all of the various units; and this contract is executed with such general plan in view, and it is, therefore, agreed that if and when such central agency shall be created, such agencies are hereby authorized to handle the products of the grower as herein provided; and it is hereby agreed that such central agency or agencies shall have full authority in the premises, and the association as-sociation is hereby fully authorized and it agrees to deal with and through such central agencies in carrying out the terms of the contract. IN WITNESS WHEREOF, the Association As-sociation has caused this contract to be signed by its president and attested attest-ed by its secretary, and the grower has hereunto affixed his signature the day and year first above written. |