Modification to Terms PEMBROKE reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Report at any time, effective upon posting of an updated version of this Agreement on PEMBROKE’s website located at xxx.xxxxxxxxxxxxxxxxxxxxx.xxx. PEMBROKE agrees to notify Purchaser in writing of any material modification at or before the time of such modification’s effectiveness. Continued use of the Report after such notice shall constitute Purchaser’s consent to such modifications.
INDEX TO TERMS Term Advertised Rates Base Index Base Rates Bid Premium Rates Bid Rates Catastrophic Damage Claim Clearcutting Units Continuous Scaling Services Contract Term Adjustment Contract Term Extension Current Contract Rates Current Contract Value Current Unit Rates Design Change Extended Scaling Services Extension Deposit Fire Precautionary Period Flat Rates Included Timber Indicated Advertised Rates Intermittent Scaling Services Marked Negligent Fire Reference A4 A4 A4 A4 A4 B2.133 B9.2 B2.3 B6.81 B8.21 B8.23 B3.1 B3.1 B5.251 B5.253 B6.81 B4.217 B7.2 A4 B2.1 B8.221 B6.81 B2.35 B7.42 Term Normal Operating Season Off-Road Equipment Operations Fire Out-of-Pocket Expenses Overstory Removal Units Plans Purchaser’s Operations Required Deposits Sale Area Sale Area Map Scaling Schedule of Items Shop Drawings Specified Roads Streamcourses Subcontractor Substantially Completed Temporary Roads Tentative Rate Termination Date Timber Sale Account Understory Removal Units Unrecovered Expenditures Utilization Standards Reference B6.31 B6.35 B7.41 B8.35 B2.3 B5.211 B6.3 A4 B1.1 B1.1 B6.8 B5.2 B5.211 B5.2 B6.5 B8.64 B5.23 B5.1 A4 B8.2 B4.2 B2.3 B8.35 A2, B2.2 Contract FS-2400-6, Pages 110 through 141 (06/2006) CONTENTS Reference Number B1.0 B1.1 B1.2 B2.0 B2.1 B2.11 B2.12 B2.13 B2.131 B2.132 B2.133 B2.134 B2.14 B2.15 B2.16 B2.2 B2.3 B2.31 B2.32 B2.33 B2.34 B2.35 B2.36 B2.37 B2.4 B2.41 B2.42 B3.0 B3.1 B3.2 B3.21 B3.3 B3.31 B3.32 B3.33 B3.34 B3.4 B3.41 B3.42 B3.43 B3.44 B3.45 B3.46 B3.47 B4.0 B4.1 B4.2 B4.21 Title SALE AREA Sale Area Map Claims TIMBER SPECIFICATIONS Included Timber Standard Timber Substandard Timber Damaged Timber Damaged by Purchaser Negligent or Willful Damage Damaged by Catastrophe Minor Damage by Natural Causes Unintentionally Cut Timber Construction Timber Other Material Utilization and Removal of Included Timber Timber Designations Clearcutting Units Construction Clearing Overstory Removal Units Understory Removal Units Individual Trees Incompletely Marked Timber Minor Changes Volume Estimate Adjustment for Volume Deficit Adjustment for Excess Volume RATES OF PAYMENT Current Contract Rates Escalation Procedure Unavailable Index Rate Redetermination Rate Redetermination for Environmental Modification Rate Redetermination after Catastrophic Damage Rate Redetermination for Market Change Emergency Rate Redetermination Other Payment Rates Material Not in A2 Timber Cut Through Mistake Designated Timber Cut But Not Removed Undesignated Timber Damaged Without Negligence Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut Liquidated Damages Defect Caused by Abnormal Delay PAYMENTS Amount Payable for Timber Timber Sale Account Cash Deposits Page 113 113 113 113 113 113 113 113 113 113 113 113 113 114 114 114 114 114 114 114 114 114 114 114 114 114 114 115 115 115 115 115 115 115 116 116 116 116 116 116 116 116 116 116 117 117 117 117 Reference Number B4.211 B4.212 B4.213 B4.214 B4.215 B4.216 B4.217 B4.218 B4.22 B4.23 B4.24 B4.3 B4.31 B4.32 B4.4 B5.0 B5.1 B5.11 B5.12 B5.2 B5.21 B5.211 B5.212 B5.22 B5.23 B5.24 B5.25 B5.251 B5.252 B5.253 B5.26 B5.27 B5.3 B5.4 B6.0 B6.1 B6.11 B6.2 B6.21 B6.22 B6.221 B6.222 B6.23 B6.24 B6.3 B6.31 B6.311 Title Downpayment Advance Deposits Periodic Payment Schedule Deposits for Charges Subject to Escalation Deposits When Payment Guaranteed Blanket Cash Deposits Extension Deposits Cooperative Deposits Temporary Reduction of Downpayment Refund of Excess Cash Refund after Scaling Completed Payment Guaranteed by Bond or Deposited Securities Blanket Bond Letters of Credit for Payment Bond Payments Not Received TRANSPORTATION FACILITIES Authorization Requirements of Rights-of-Way Use of Roads by Purchaser Specified Roads Engineering Contract Plans Construction Staking Material Delivery Use of Partially Constructed Roads Estimated Cost Construction Cost Adjustment Variation in Quantities Physical Change Design Change Alternate Facilities Temporary Credit for Unamortized Specified Road Construction Cost Road Maintenance Use by Others OPERATIONS Representatives Notices Improvements Removal Protection of Improvements Protection of Improvements Not Owned by Forest Service Protection of Property Protection of Land Survey Monuments Protection Measures Needed for Plants, Animals, Cultural Resources, and Cave Resources Control of Operations Operating Schedule Plan of Operations Page 117 117 117 117 117 117 117 118 118 118 118 118 118 118 118 119 119 119 119 119 120 120 120 121 121 121 121 121 121 122 122 123 123 123 123 123 124 124 124 124 124 124 124 125 125 125 125 Reference Number B6.312 B6.32 B6.33 B6.34 B6.341 B6.342 B6.35 B6.36 B6.361 B6.4 B6.41 B6.411 B6.412 B6.413 B6.414 B6.42 B6.421 B6.422 B6.423 B6.424 B6.5 B6.6 B6.61 B6.62 B6.63 B6.631 B6.64 B6.65 B6.66 B6.67 B6.7 B6.8 B6.81 B6.811 B6.812 B6.813 B6.814 B6.82 B6.83 B6.84 B6.841 B6.842 B6.85 B6.851 B6.86 B6.9 B7.0 B7.1 B7.2 B7.21 B7.22 B7.3 B7.31 B7.311 B7.312 Title Plan of Operations for Road Construction Protection of Residual Trees Safety Sanitation and Servicing Prevention of Oil Spills Hazardous Substances Equipment Cleaning Acceptance of Work Acceptance of Specified Roads Conduct of Logging Felling and Bucking Felling in Clearings Xxxxx Heights Bucking Lengths Limbing Skidding and Yarding Rigging Landings and Skid Trails Skidding on Roads Arches and Dozer Blades Streamcourse Protection Erosion Prevention and Control Meadow Protection Wetlands Protection Temporary Roads Temporary Roads to Remain Open Landings Skid Trails and Fire Lines Current Operating Areas Erosion Control Structure Maintenance Slash Disposal Scaling Scaling Services Scaling Location Scaling Adjustments Delayed or Interrupted Scaling Services Weighing Services Presentation for Scaling Scaling Other Products Accountability Route of Haul Product Identification Scaling Lost Products Scaling Lost Sample Loads Scale Reports Records FIRE PRECAUTIONS AND CONTROL Plans Fire Precautions Substitute Precautions Emergency Precautions Fire Control Purchaser’s Reinforcement Obligations Suspend Operations Personnel Page 125 126 126 126 126 126 126 127 127 127 127 128 128 128 128 128 128 128 128 128 128 128 128 129 129 129 129 129 129 129 129 129 129 129 130 130 130 130 130 130 131 131 131 131 131 132 132 132 132 132 132 132 132 132 132 132 Reference Number B7.313 B7.4 B7.41 B7.42 B7.43 B7.5 B7.6 B8.0 B8.1 B8.11 B8.12 B8.2 B8.21 B8.211 B8.212 B8.22 B8.221 B8.222 B8.23 B8.231 B8.3 B8.31 B8.32 B8.33 B8.34 B8.341 B8.342 B8.35 B8.36 B8.4 B8.5 B8.6 B8.61 B8.62 B8.63 B8.64 B8.65 B9.0 B9.1 B9.11 B9.12 B9.13 B9.2 B9.21 B9.22 B9.3 B9.31 B9.4 B9.5 B9.6 Title Equipment Fire Suppression Costs Operations Fire Negligent Fire Other Fires on Sale Area State Law Performance by Contractor OTHER CONDITIONS Title and Liability Title Passage Liability for Loss Period of Contract Contract Term Adjustment Delay in Reconstruction of Processing Facilities Market-Related Contract Term Addition Termination for Catastrophe Termination by Purchaser Termination by Forest Service Contract Term Extension Conditions for Contract Term Extension Contract Modification Changed Conditions Modification for Catastrophe Contract Suspension and Modification Contract Termination Termination by Forest Service Termination by Purchaser Out-of-Pocket Expenses Termination for Market Change Performance by Other than Purchaser Sale of Other Materials Provisions Required by Statute Covenant against Contingent Fees Officials Not to Benefit Nondiscrimination in Employment Debarment and Suspension Certification Contract Consistency With Other LawsPERFORMANCE AND SETTLEMENT Performance Bond Bond Reduction Letters of Credit Temporary Bond Reduction Disputes Time Limits for Submission of Claim Contract Documents Breach Termination for Breach Damages for Failure to Cut or Termination for Breach Settlement Contract Closure Page 000 000 000 132 133 133 133 133 133 133 133 133 133 134 134 134 134 134 134 134 135 135 135 135 135 136 136 137 137 137 138 138 138 138 138 138 139 139 139 139 139 139 139 140 140 140 140 141 141 141
Agreement to Terms Buyer and Seller acknowledge that they have read the entire Agreement and that by signing below agree to all terms contained herein.
AMENDMENT TO TERMS We may amend the Terms of this Agreement at any time by giving You fourteen (14) days’ notice in writing. If You do not agree to the amended terms, You may cancel this Agreement from the date when the new terms would otherwise take effect.
Changes to Terms We reserve the right to change our Terms of Service (including rates or any other terms and conditions of Service) upon written notice to you. The notice may be provided on your monthly xxxx, as a xxxx insert, by email, on our website, or by other written communication or other form of notice permitted or required by applicable laws and regulations. If you elect not to cancel your Service and continue to use Service after the communicated effective date of any such changes, your continued use of Service will constitute acceptance of the modified Terms of Service.
Changes to Terms and Conditions A. The February 2014 version of the DoD FAR Supplement 252.227-7013 and 252.227- 7014 clauses apply to this Order.
General Terms For purposes of this Agreement the following terms shall have the following meanings:
Time for Completion The Contractor shall deliver the material and/or services called for in the specifications/proposal and within the delivery time specified and in accordance with the terms of the contract. Work shall be completed within 30 days from the Notice to Proceed issued by the City of Sparks Purchasing Division. The Contractor shall not alter or vary any terms or conditions contained or incorporated herein, including but not limited to, the quantity, price, delivery date or date designated as After Receipt of Order (ARO) or date for commencement or completion of services as mutually agreed upon, unless such alteration or variation is consented to in writing by a duly authorized representative of the City. The City reserves the right to cancel resultant Contract upon ten days written notice in the event the type and quality of the product or work performance is unsatisfactory or in default, subject to Contractor’s right to cure as outlined in termination clause. This is a non-exclusive Contract and the City reserves the right to acquire the material and/or services at its discretion, from other sources during the term of this Contract.
INSTRUCTIONS FOR COMPLETING FORM A AND B Form A and Form B should be completed for Contracts for consulting services in accordance with Section XI.18.C of the Office of the State Comptroller’s Guide to Financial Operations (xxxx://xxx.xxx.xxxxx.xx.xx/agencies/guide/MyWebHelp/), “Consultant Disclosure Legislation,” and the following:
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