Fill and Sign the Contract Sale Purchase Form

Contract for the Sale and Purchase of Hops Agreement made on the ____ day of ___________________________________, 20____, between ___________________________________________________ (Name of Seller) of _____________________________________________________________ ________________________________________________________________________ __________________________ (street address, city, county, state, zip code) , referred to herein as Seller, and _________________________________________________ (Name of Buyer), a corporation organized and existing under the laws of the state of ______________________________________, with its principal office located at ________________________________________________________________________ ________________________________________________________________________ ____________________________ (street address, city, county, state, zip code) , referred to herein as Buyer. For and in consideration of $________________, cash in hand paid, and the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Terms of Sale Seller agrees to sell and deliver, or cause to be delivered, to the Buyer, between the ______ (day of month) and ______ (day of month) of _________________________ (month) in each of the years (e.g. 2008) ____________ and (e.g., 2009)_____________ , at ______________________________________________________________________ ________________________________________________________________________ _______________________________ (street address, city, state, zip code) , __________ (number) pounds of hops of the growth of the year in which the hops shall be delivered. The hops shall be raised and grown by Seller in the year in which they are delivered from the farm occupied by Seller situated at ________________________________________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code) . 2. Quality The hops shall be put up for shipment in bales, each containing about (e.g., 180 to 200)_______________________________ pounds, and shall be of strictly choice and merchantable quality, of even color, well and cleanly picked, and well cured, but not high dried. 3. Advances Buyer agrees to advance to the Seller, for picking purposes, on or about the first day of _______________________________ (month) of each of the years (e.g. 2008) _________________ and (e.g., 2009) _________________, $____________ per pound for all hops to be delivered for such year; and upon the delivery and acceptance of the hops, Buyer shall pay Seller the balance due on the hops at $______________ per pound, less money advanced. 4. Damaged Hops If any of the hops are damaged by willfulness or negligence of the Seller, or for want of proper care in the picking, drying or baling, or if from any other cause any of the hops should be of poorer quality than that above specified, then the Buyer shall have the privilege of taking the hops, and in that case a reduction shall be made in the price to be paid for the hops equal to the difference in value between such hops and those above specified. 5. Notice of Delivery Seller shall, at least _____days before the day on which Seller proposes to deliver the hops, notify Buyer in writing of the time when the Seller will be ready to deliver. 6. Insurance Seller shall keep the hops insured by a responsible insurance company, from the time the hops are picked until delivered, with loss, if any, payable to the Buyer as its interest may appear. If the Seller fails to keep the hops so insured, then the Buyer may insure them, and the money paid for such insurance shall be deducted from the purchase price of the hops. 7. Repayment of Advances In case of loss of any of the hops by fire, storm, or wind, or otherwise, before delivery, Seller shall immediately repay to Buyer all the moneys previously paid to the Seller for the hops under this Agreement, with interest at the rate of ______% per year from the time such payments were made until the money is repaid. 8. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________________________. 10. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 11. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 12. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 13. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 14. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 15. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 16. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ____________________________________ (Name of Buyer) ___________________________________ By: ________________________________ (Name of Seller) ____________________________________ (Name of Officer and Office in Corporation) STATE OF ____________________________________ COUNTY OF _____________________________ Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of __________________________________, 20____, within my jurisdiction, the within named, ______________________________________ (Name of Seller), who acknowledged that he executed the above and fore going instrument. ______________________________ NOTARY PUBLIC My Commission expires: ______________________ STATE OF ____________________________________ COUNTY OF ____________________________ Personally appeared before me, the undersigned authority in and for the said county and state, on this ____ day of __________________________________, 20____, within my jurisdiction, the within named ______________________________________ (Name of Officer), who acknowledged that he is ________________________________ (Name of Office) of _______________________________________________________ (Name of Corporation) , a __________________________________________ (name of state) corporation, and that for and on behalf of the said corporation, and as its act and deed he executed the above and foregoing instrument, after first having been duly authorized by said corporation so to do. ______________________________ NOTARY PUBLIC My Commission expires: ______________________ Note: Form of Acknowledgment may vary by state.