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EXHIBIT 10.6
REQUIREMENTS AGREEMENT, DATED AS OF DECEMBER 6, 1997 BETWEEN
NEWCORNCO LLC AND TWIN GARDEN FARMS, INC.
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REQUIREMENTS AGREEMENT
THIS REQUIREMENTS AGREEMENT("Agreement") is entered into by and between
NewCornCo, LLC, a Delaware Limited Liability Company, with its principal place
of business at 0000 Xxxxx Xxxx, Xxxxx, XX 00000 ("Company") and Twin Garden
Farms, an Illinois Partnership, with its principal place of business at 00000
Xxxxx 000, Xxxxxxx, XX 00000-0000 ("Supplier").
RECITALS
A. The Company is in the business of producing, purchasing or otherwise
acquiring, and manufacturing, processing and marketing fresh husked (i.e., other
than canned or frozen) corn products, including, but not limited to bulk sweet
corn ("Business").
B. The Supplier is a producer of fresh unhusked bulk sweet corn ("Bulk
Sweet Corn").
C. The Company desires to acquire from the Supplier and the Supplier
desires to provide to the Company all of the Bulk Sweet Corn the Company may
require, upon the terms, covenants and conditions contained in this Agreement.
NOW THEREFORE, for valuable consideration the parties agree as follows:
1. TERM. The term ("Term") of this Agreement shall commence January 1,
1998 and shall continue so long as Twin Garden Sales, an Illinois corporation is
a Member of the Company.
2. QUANTITY. During the Term, the Supplier shall supply to the Company
all of the Bulk Sweet Corn that may be required by the Company for its Business
during the months of July through September, or such longer or shorter period as
weather permits in those geographic areas set forth in 2c. below.
a. Nonetheless, the Company will require a minimum of two
hundred thousand (200,000) forty-eight (48) count equivalent cases of Bulk Sweet
Corn each year.
b. Supplier's production of the Bulk Sweet Corn for the
Company shall be based on a yearly production plan, which will outline the
volume of sweet corn to be delivered each week. The plan will include the dates
of supply and specific varieties, if any and will be supplemented by Supplier as
to dates of planting and location when available. Any change in the plan will be
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approved by the Company and Supplier. A copy of the yearly production plan for
1998 is attached as Exhibit A. Yearly production plans for future years will be
provided to the Supplier as soon as available, but in any event at least six (6)
months prior to the commencement of each annual growing season, as the term
"growing season" is customarily used in the agricultural community where the
corn is to be grown.
c. In addition to the two hundred thousand (200,000)
forty-eight (48) count equivalent cases of Bulk Sweet Corn described in Section
2.a. above, Supplier will have the right of first refusal to supply to the
Company all additional amounts of Bulk Sweet Corn required by Company to be
grown in Illinois, Wisconsin, Indiana, Iowa, Missouri, Arkansas, Tennessee,
Minnesota, Mississippi, Kentucky, Michigan or Alabama ("Geographic Area"). The
right of first refusal herein shall mean the right of Supplier to provide any
portion of the additional amounts upon the prices as set forth in section 4a or
4b, if applicable, or as negotiated in good faith if not applicable.
3. QUALITY. The quality of the Bulk Sweet Corn delivered to the Company
shall meet the standards shown in Schedule 1.
a. A "forty-eight (48) count equivalent case" is made up of
forty-eight (48) ears of processed sweet corn with a minimum length of four and
three-quarters (4 3/4) inches, the term "processed" means ears of corn that have
been husked and trimmed at both ends in accordance with prevailing standard
agricultural practices.
b. The Company's husked quality standards, as delivered to the
Supplier in writing, will be applied when packing the Bulk Sweet Corn.
c. The Supplier has the right to all waste ears which do not
meet the Company's quality requirements for packing. That waste ears may be used
in any one of the following ways:
(1) If the Company can develop a market for the
smaller sized waste ears the Company will pay fifty percent (50%) of
the agreed rate shown in Section 4, below.
(2) The Supplier may elect, in the Supplier's sole
discretion, to make frozen sweet corn kernels out of the "waste ears"
of corn. Those "waste ears" will be packed in transport containers, and
shipped to the facility designated by the Supplier, all at the expense
of the Supplier.
(3) The Supplier may market the "waste ears" as
animal feed.
(4) Any other use in Supplier's sole discretion,
provided it does not directly compete with the Company.
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4. PRICE. Subject to the annual modifications to reflect changes in
direct costs of productions, as negotiated between the parties in good faith,
for each forty-eight (48) count equivalent cases of Bulk Sweet Corn accepted by
the Company, the Company agrees to pay to the Supplier:
a. Bulk Sweet Corn supplied by the Supplier in the month of
July, 1998 from southern Illinois will be paid at the rate of Four Dollars and
Twenty-Nine Cents ($4.29) for each finished forty-eight (48) count case, F.O.B.
the field where the corn is grown. The price for this corn supplied in July in
future years will be adjusted pursuant to annual modifications above and subject
to section 15.
b. For Bulk Sweet Corn supplied for 1998 from northern
Illinois and southern Wisconsin at the rate of Three Dollars and Seventy-Nine
Cents ($3.79) per packed forty-eight (48) count equivalent case, F.O.B. field
where the corn is grown. The price for this corn supplied in future years will
be adjusted pursuant to annual modifications above and subject to section 15.
c. If the Company is unable to pack the Bulk Sweet Corn due to
market conditions, as determined in the Company's sole discretion, the Company
shall pay for the delivered corn as follows:
(1) Bulk Sweet Corn which has been harvested and
delivered to the Company will be valued by calculating the number of forty-eight
(48) count equivalent cases per dumped bin. The calculation to be used will be
the field average of forty-eight (48) count equivalent cases packed per bin,
multiplied by the number of bins dumped, multiplied by the applicable price for
forty-eight (48) count equivalent case.
(2) Bulk Sweet Corn which is left standing in the
field will be valued by calculating the number of forty-eight (48) count
equivalent cases per acre which were not harvested. The calculation to be used
will be the field average of forty-eight (48) count equivalent cases packed per
acre, multiplied by the number of acres disced, multiplied by the applicable
price per forty-eight (48) count equivalent case minus the cost of harvesting.
d. The Company shall pay all amounts owing pursuant to this
Requirements Agreement in 1998 within twenty-one (21) days of invoice by
Supplier. The time period for payment for successive years shall be negotiated
in good faith by the Company and Supplier each fall for the next year.
5. COST OF PRODUCTION. The Supplier shall bear the entire cost of
production of the Bulk Sweet Corn, including but not limited to labor, seed,
fertilizer, chemicals, land irrigation, tillage costs, harvesting and loading
the crop onto trucks for transport to the Company's designated facility.
6. DELIVERY. The Supplier shall grow, harvest and deliver the Bulk
Sweet Corn F.O.B. the field where the Bulk Sweet Corn is grown and harvested.
a. The Supplier shall deliver to the Company all of the Bulk
Sweet Corn required by the Company as indicated by the Company in writing to the
Supplier from time to time F.O.B. the field where it is grown.
b. With the approval of the Company, the Supplier will arrange
for and schedule trucks to haul the Bulk Sweet Corn crop from the field to the
facility designated by the Company. The cost
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of cooling, hauling, and unloading the crop at the Company's designated facility
will be expenses borne by the Company.
c. At least one hundred eighty (180) days before the beginning
of the corn growing season (as that term is customarily used in the location
where Supplier grows its corn), the Company will provide Supplier with its
requirements for that next growing season ("Requirements Schedule").
d. If the Supplier is able to provide the amount of bulk Sweet
Corn in the Requirements Schedule, but the Company is unable to accept delivery
for any reason, the Company shall pay to the Supplier the average cost of
production for the Bulk Sweet Corn not accepted by the Company. Upon receipt of
payment, Supplier shall destroy an amount of Bulk Sweet Corn which is
equivalent to the payment from the Company for Bulk Sweet Corn which the
Company is unable to accept, as calculated pursuant to section 4c.(2).
e. Despite any other provision of this Agreement apparently to
the contrary, any crop to be grown under the terms of this Agreement shall at
all times remain the property of Supplier until harvested and loaded onto trucks
for transport to the Company's designated facility. However, no Bulk Sweet Corn
grown under the terms of this Agreement for any weekly requirement due to the
Company can be sold to anyone other than the Company, until the quantity
required to be sold that week to the Company pursuant to Section 2, has been
satisfied.
7. RISK OF LOSS. The Supplier shall bear the risk of loss of the Bulk
Sweet Corn until the Bulk Sweet Corn is accepted by the Company, as provided in
Section 6. Thereafter, the Company shall bear the risk of loss.
8. UNAVAILABILITY OR DELAY. The Supplier shall not be in default under
this Agreement because of unavailability of the Product due to temporary
shortages or unavailability caused by delays in or unavailability of
transportation, fire, strikes, work stoppages, acts of God, or other causes
beyond the reasonable control of the Supplier.
9. SUPPLIER'S NONCOMPETITION AGREEMENT. During the Term of this
Agreement and for a period if five (5) years after its termination for any
reason, Supplier agrees that it will not directly or indirectly supply Bulk
Sweet Corn products to, and will not, and will use its best efforts to cause its
officers, directors and employees to not, own, manage, operate, control or
participate in the ownership, management, operation or control of, or be
connected as an officer, employee, partner, director, consultant or otherwise
with, or render services to, or have, directly or indirectly, any financial
interest in (except for ownership of less than five percent (5%) of any publicly
traded stock that is a Conflicting Organization) any Conflicting Organization
within the territorial scope of this covenant described in xxxxxxxxx 0.x, xxxxx.
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a. The term "Conflicting Organization" means any person,
entity, corporation, partnership, joint venture or other organization engaged in
or planning or attempting to become engaged in any enterprise substantially
similar to the Business, in the United States, Canada, Mexico, Japan and the
European Economic Community, and any political subdivision within the United
States, Canada, Mexico, Japan and the European Economic Community where the
Buyer currently and reasonably contemplates operating the Business (the
"Territorial Scope" of this Agreement).
b. Recognizing the specialized nature of the Business and the
scope of competition, Supplier acknowledges the geographic areas comprise a
series of separate covenants, one for each of the United States, Canada, Mexico,
Japan and the European Economic Community, and any political subdivision of the
United States, Canada, Mexico, Japan and the European Economic Community.
c. If in any judicial proceeding a court shall refuse to
enforce any of the separate covenants deemed included in this Section 9, then
the unenforceable covenant shall be deemed eliminated for the purpose of that
proceeding to the extent necessary to permit the remaining separate covenants to
be enforced.
d. It is the agreement of the parties that the maximum
protection available under the law within the foregoing limits shall be provided
to the Company and that if the restrictions hereby imposed are deemed by a court
to be unreasonably broad in time, territory or scope, this Section 9 shall be
construed to impose only such restrictions as are reasonable.
e. The Supplier further agrees and acknowledges that any
breach of the foregoing covenant cannot adequately be compensated with money
damages, and that in the event of a breach of the foregoing covenant, Buyer
shall be entitled to all remedies at law or in equity that are available,
including, without limiting the generality of the foregoing, injunctive relief.
f. The Company acknowledges and agrees that this
noncompetition provision does not apply to that portion of the Supplier's
business, which sells Bulk Sweet Corn to retailers, or to companies whose entire
purchases of corn are either frozen or canned.
10. COMPANY'S NONCOMPETITION AGREEMENT. The Company agrees that it will
not directly or indirectly own, manage, operate, control or participate in the
ownership, management, operation or control of, or be connected as an officer,
employee, partner, director, consultant or otherwise with, or render services
to, or have, directly or indirectly, any financial interest in any Supplier
Conflicting Organization, except for ownership of less than five percent (5%) of
any publicly traded stock that is a Conflicting Organization for so long as Twin
Garden Sales, Inc. is
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a member of the Company in any location within the Geographic Area of this
Agreement during the months of July, August and September.
a. The term "Supplier Conflicting Organization" means any
person, entity, corporation, partnership, joint venture or other organization
engaged in or planning or attempting to become engaged in any enterprise
substantially similar to the Business in the Geographic Area.
b. The term the "Business" means the business of growing,
packaging, producing, marketing, purchasing or otherwise acquiring and
marketing, Bulk Sweet Corn.
c. Notwithstanding any of the foregoing to the contrary, the
Company shall be entitled to market fresh unhusked sweet corn anywhere outside
of Geographic Area if distributed through Twin Garden Sales, Inc., of an amount
equal to the Company's unhusked corn which is in excess of the amount needed to
fulfill its husked sweet corn orders. The Company agrees to use its best faith
efforts to accurately predict the weekly needs for corn products at the time of
planting.
d. This covenant does not apply to the activities of Company
with respect to that amount of fresh unhusked sweet corn requested by the
Company pursuant to the Requirements Agreement which twin Garden Farms is
unwilling or unable to supply.
e. It is the agreement of the parties that the maximum
protection available under the law within the foregoing limits shall be provided
to the Supplier and that if the restrictions hereby imposed are deemed by a
court to be unreasonable broad in time, territory or scope, this Section 9 shall
be construed to impose only such restrictions as are reasonable.
f. The Company further agrees and acknowledges that any breach
of the foregoing covenant cannot adequately be compensated with money damages,
and that in the event of a breach of the foregoing covenant, the Supplier shall
be entitled to all remedies at law or in equity that are available, including,
without limiting the generality of the foregoing, injunctive relief.
11. SUPPLIER IS NOT COMPANY'S AGENT. This Agreement does not
create any relationship between the Company and the Supplier as principal and
agent, or any other relationship except purchaser and seller.
a. Under no circumstances shall the Supplier be deemed an
agent of the Company.
b. The Supplier agrees the Supplier shall not represent itself
as an agent of the Company, directly or by implication.
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c. The Supplier shall not create or assume any obligation in
the name of the Company.
12. PROHIBITION OF ASSIGNMENT BY SUPPLIER. This Agreement has been
entered into by the Company in reliance upon the Supplier's skill and experience
in producing the Bulk Sweet Corn.
a. Except as specifically permitted by this Agreement, the
Supplier shall not make or allow any assignment of this Agreement or of any
rights or interest herein without the prior written consent of the Company,
which the Company may withhold in its sole discretion.
b. For all purposes of this Agreement, each of the following
shall be deemed to be an assignment of this Agreement:
(1) Any sale, assignment, transfer, franchise or
license by the Supplier of or with respect to this Agreement or any
rights or interest herein.
(2) Sale at judicial sale or under power of sale,
conveyance or retention of collateral in satisfaction of debt, or other
procedure to enforce the terms of any pledge, encumbrance or security
interest in this Agreement that results in disposition of the
Supplier's interest herein.
(3) The passing by operation of law to any other
party or parties of the Supplier's interest in this Agreement or any
part thereof.
(4) Any act, transaction or event that results in any
change in the controlling interest of the Supplier.
c. Except as expressly permitted by this Agreement, any
attempted assignment of this Agreement shall be deemed a breach of this
Agreement, and shall confer no rights or interest in this Agreement upon the
purported transferee or any other party.
13. ASSIGNABILITY BY COMPANY. This Agreement may be assigned by the
Company to any successor to the business of the Company, only so long as the
successor agrees to be bound by all of the Company's obligations hereunder.
14. TERMINATION BY SUPPLIER. The Supplier may not terminate this
Agreement at any time without cause. For the purposes of this Agreement, "cause"
shall mean a material default of a nonmonetary obligation owed to the Supplier
under this Agreement by the Company or nonpayment of any amount due to the
Supplier within twenty-one (21) days of the amount becoming due to the Supplier.
Supplier shall provide the Company with written notice of any default. However,
the Company shall not be in default under this Agreement if:
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a. Within thirty (30) days after receiving written notice of
a nonmonetary default from the Supplier, the Company cures the default.
b. Within nine days after written notice of a monetary default
is sent from the Supplier via telefax to the Company as provided in section 16,
the Company cures the default.
c. If the default is of such nature that it is not capable of
being totally cured with reasonable diligence by the Company within the thirty
(30) day period, but the Company commences to cure that default within that
thirty (30) day period continues to diligently work to cure the default even
after the thirty (30) day period has passed, and curing the default is completed
as soon thereafter as is reasonably practicable.
d. It is agreed that, if any breach or default occurs, in
addition to all other remedies provided in this Agreement or by law, the Company
shall be entitled to relief in equity (including a temporary restraining order,
temporary or preliminary injunction, and permanent mandatory or prohibitory
injunction) to restrain the continuation of any such breach or default or to
compel compliance with the provisions of this Agreement.
15. TERMINATION BY COMPANY. The right of the Company to terminate this
Agreement under this Section 14, whether or not exercised, shall not be
exclusive of any other remedies given to the Company by this Agreement or by law
because of any default of the Supplier.
a. The Company may terminate this Agreement at any time
thereafter by giving written notice of the termination to the Supplier upon any
of the following:
(1) Despite any other provision of this Agreement to
the contrary, on thirty (30) days written notice to Supplier if the
cost to the Company for the Bulk Sweet Corn is more than five percent
(5%) above the cost to the Company for obtaining that corn from other
suppliers on terms similar to this Agreement.
(2) If the Supplier fails to perform any obligation
imposed upon the Supplier by this Agreement, and such default is not
totally cured within thirty (30) days after the Supplier's receipt of
written notice of the default from the Company. However, if the default
is of such nature that it is not capable of being totally cured with
reasonable diligence by the Supplier within the thirty (30) day period,
this Agreement shall not be terminated by the Company if the Supplier
has, upon receipt of the notice of default, begun to exercise
reasonable diligence to cure such default, and the Supplier continues
to be diligent work to cure the default even after the thirty (30) day
period has passed, and curing
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the default is completed as soon thereafter as is reasonably
practicable.
(3) Except as permitted by this Agreement, any
attempted or purported assignment of this Agreement by the Supplier. If
the Company does not elect to exercise its right to terminate this
Agreement pursuant to this paragraph 15a.(4), that election shall not
be deemed a consent to the assignment nor to confer any rights or
interest whatever upon the purported assignee, and this Agreement shall
remain binding and in full force and effect as between the Company and
the Supplier unless and until the Company elects to terminate it.
(4) The adjudication of the Supplier as bankrupt, or
the filing of any petition by or against the Supplier, under the
federal bankruptcy laws other laws relating to relief of debtors, for
reorganization, arrangement or other similar relief provided therein,
unless such petition filed against the Supplier is dismissed within
thirty (30) days, or the making by the Supplier of a general assignment
for the benefit of creditors.
(5) The appointment of any receiver, trustee,
sequestrator or similar officer to take charge of the Supplier's
business, or any attachment, execution, levy, seizure or appropriation
by any legal process of the Supplier's interest in this Agreement,
unless the appointment of such officer is vacated or discharged or the
effect of such legal process is otherwise released within thirty (30)
days.
b. However, if the Company terminates this Agreement for
anything other than cause, the Company agrees to purchase the Bulk Sweet Corn
that has been planted by Supplier for sale to the Company under the terms of
this Agreement.
c. The Supplier agrees that neither termination of this
Agreement, nor an action at law, nor both, would be an adequate remedy for a
breach or default by the Supplier.
16. NOTICES. All notices, requests, demands and other
communications required or permitted hereunder shall be in writing and shall be
deemed to have been duly given when delivered by hand, commercial messenger
service or telecopy, or mailed certified mail, return receipt requested,
addressed to the parties as follows:
To the Company: NewCornCo, LLC
c/o Agricultural Innovation & Trade
X.X. Xxx 000
Xxxxx, XX 00000
Facsimile: (000) 000-0000
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with a copy to: Xxxxxxx X. Xxxxxxx
Fairfield, Strauss, Uritz & Kinigstein
000 Xxxxx Xxxxx, #000
Xxxxxxx, XX 00000
Facsimile: (000) 000-0000
To the Supplier: Twin Garden Farms
00000 Xxxxx 000
X.X. Xxx 000
Xxxxxxx, XX 00000-0000
Facsimile: (000) 000-0000
with a copy to: Xxxx X. Xxxx
Reno, Zahn, Folgate, Xxxxxxxx & Xxxxxx
0000 X. Xxxxx Xxxxxx, Xxxxx 000
Xxxxxxxx, XX 00000
Facsimile: (000) 000-0000
or to such other person or address of which a party may advise the
other party in writing.
17. WAIVERS. No failure by the Company to take action on account of any
default by the Supplier, whether in a single instance or repeatedly, shall
constitute a waiver of any such default or of the performance required of the
Supplier. No waiver of any other breach of any obligation or provision in this
Agreement shall be deemed a waiver of any other covenant or provision in this
Agreement, and no waiver shall be valid unless in writing and executed by the
waiving party.
18. CONSTRUCTION. Section headings are solely for the convenience of
the parties and are not a part of and shall not be used to interpret this
Agreement.
a. The singular form shall include the plural and vice versa.
b. This Agreement shall not be construed as if it had been
prepared by one of the parties, but rather as if both parties have prepared it.
c. Unless otherwise indicated, all references to sections are
to this Agreement.
19. THIRD-PARTY RIGHTS. Nothing in this Agreement, express or implied,
is intended to confer on any person, other than the parties to this Agreement
and their respective successors and assigns, any rights or remedies under or by
reason of this Agreement.
20. INTEGRATION. Despite any prior course of dealing, custom or usage
of trade, or course of performance, this Agreement contains the entire agreement
between the parties regarding the
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matters that are the subject of this Agreement, and this Agreement expressly
supersedes all previous or contemporaneous agreements, understandings,
representations, or statements between the parties regarding the rights and
obligations that are the subject of this Agreement.
21. AMENDMENT. This Agreement may not be amended or altered except by a
written instrument executed by both parties.
22. PARTIAL INVALIDITY. Any provision of this Agreement that is
unenforceable or invalid or the inclusion of which would adversely affect the
validity, legality, or enforceability of this Agreement shall be of no effect,
but all the remaining provisions of this Agreement shall remain in full force.
23. AUTHORITY OF PARTIES. All persons executing this Agreement on
behalf of any party to this Agreement warrant that they have the authority to
execute this Agreement on behalf of that party.
24. GOVERNING LAW. This Agreement will be governed by the laws of the
State of California, without regard to the principles of conflicts of laws.
25. SUCCESSORS. This Agreement shall bind and inure to the benefit of
the respective heirs, personal representatives, successors, and assignees of the
parties to this Agreement.
26. ATTORNEYS' FEES. If any legal action or any arbitration or any
other proceeding is brought for the enforcement of this Agreement, or because of
an alleged dispute, breach, default or misrepresentation in connection with any
of the provisions of this Agreement, the successful or prevailing party shall be
entitled to recover reasonable attorneys' fees and other costs incurred in that
action or proceeding, in addition to any other relief to which it may be
entitled, whether or not such action proceeds to final judgment.
27. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
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IN WITNESS of the mutual promises made above, the Company and the
Supplier have executed this Agreement on 12/6/97.
SUPPLIER:
Twin Garden Farms, an Illinois
Partnership
By: /s/ Xxxx Xxxxx
COMPANY:
NewCornCo, LLC, a Delaware Limited
Liability Company
By: EPL Technologies, Inc., a Colorado
Corporation, Member
By: /s/ Xxxx X. Xxxxxx
Xxxx Xxxxxx, President
By: Agricultural Innovation & Trade, Inc.,
a California Corporation, Member
By: /s/ Xxxxx Xxxxxxx
Xxxxx Xxxxxxx, Vice President
By: Twin Garden Sales, an Illinois
Corporation, Member
By: /s/ Xxxx Xxxxx
Xxxx Xxxxx, President
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EXHIBIT A
NEW CORN CO.
Midwest Planting Schedule
Bicolor Corn
Planting Harvest/ Days To Cases Harvest
Date Day Harvest Variety Acres 300 Projection
-------- ------- ------- ------- ----- ----- ----------
April Planting 04/07 07/03 87.00 Bi-Time 30.00 9,000.00
121.00 04/14 07/07 84.00 Bi-Time 30.00 9,000.00
Acres 04/21 07/12 82.00 Bi-Time 30.00 9,000.00
04/28 07/21 84.00 Bi-Time 31.00 9,300.00
May Planting 05/05 07/25 81.00 Bi-Time 31.00 9,300.00
155.00 05/10 07/28 79.00 Bi-Time 31.00 9,300.00 July Harvest
Acres 05/15 07/31 77.00 Bi-Time 31.00 9,300.00 64,200.00
05/20 08/03 75.00 Majesty 31.00 9,300.00
05/25 08/12 79.00 Majesty 31.00 9,300.00
05/30 08/16 78.00 BSS 9686 31.00 9,300.00
June Planting 06/03 08/19 77.00 BSS 9686 32.00 9,600.00
218.00 06/06 08/21 76.00 Headliner XX 00.00 9,600.00
Acres 06/09 08/23 75.00 Headliner XX 00.00 9,600.00 August Harvest
06/12 08/25 74.00 Headliner RR 32.00 9,600.00 68,300.00
06/12 09/04 84.00 Headliner RR 18.00 5,400.00
06/18 09/09 83.00 Headliner RR 18.00 5,400.00
06/21 09/11 82.00 Headliner RR 18.00 5,400.00
06/24 09/13 81.00 Headliner RR 18.00 5,400.00
06/27 09/15 80.00 Headliner RR 18.00 5,400.00
06/30 09/17 79.00 Headliner XX 00.00 5,400.00
July Planting 07/02 09/20 80.00 Headliner RR 18.00 5,400.00
07/05 09/24 81.00 Headliner RR 18.00 5,400.00
07/08 09/27 81.00 Headliner RR 17.00 5,100.00 September Harvest
70.00 07/11 09/30 81.00 Headliner RR 17.00 5,100.00 53,400.00
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SCHEDULE 1
NEW CORN CO.
NCC
HUSKED STANDARD
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BASIC REQUIREMENTS REFERENCE DEFINITION
Similar type Pass/Fail N/A Each load must consist of one type of sh2 sweet corn,
i.e. yellow, bicolor.
Chemical residue Pass/Fail N/A All chemical applications must be completed under the
guidelines of EPA chemical registration. Residue for
non EPA registered chemicals will cause condemnation
of the tested field. Residues from EPA registered
chemicals must be within the normal expectable level.
Well developed Pass/Fail A Ears may not be stunted and must be mostly straight.
Length uncut 7" A The minimum acceptable length of husked uncut ears.
Diameter 1.875" B The minimum acceptable diameter of the stem end after
cutting.
Length of full fill after cutting 4.75" C The minimum section of ear with a fully filled
circumference
Well trimmed Pass/Fail D The ear must be shaped so that the ends may be cut
off approximately 90 degrees to the longitudinal
axis.
FREE FROM
Smut 0.00 E The number of smut damaged kernels per ear after
cutting.
Worms per package 0.00 E The number of insects or worms acceptable per ear
after cutting.
Insect and worm damage 0.00 E The number of insect or worm damaged kernels per ear
after cutting.
Decay 0.00 E The number of decayed kernels per ear after cutting.
Bird damage 0.00 E The number of bird damaged kernels per ear after
cutting.
Mechanical damage 2.00 E The number of mechanically damaged kernels per ear
after cutting.
(The above number is the average of four ears and it
excludes the kernels which have been ruptured by the
process saw).
KERNEL QUALITY
Well filled 0 square inches E The area permitted to be unfilled per ear after
cutting.
Plump and milky Pass/Fail E Kernels must be well developed with a creamy interior.
[DIAGRAM]
B-1.875"
[DIAGRAM]
A-7.00"
D-90 DEGREES E D-90 DEGREES
C-4.75"
