Common use of Annual Plan Clause in Contracts

Annual Plan. (a) The Parties acknowledge and agree that each Annual Plan sets out indicative information only and VicForests provides no warranties or guarantees as to the accuracy of the information or the area or quantities indicated by an Annual Plan. (b) Subject to paragraph (a) above, VicForests shall use its reasonable endeavours so far as is reasonably practicable to ensure that the quantity of Timber included in an Annual Plan is substantially the same as the relevant Annual Supply Level. (c) Notwithstanding paragraphs (a) and (b) above but subject to clause 15, VicForests shall include in an Annual Plan a quantity of Timber in respect of which the Contractor is to provide Harvest Services that is at least 80% of the Annual Supply Level for that Contract Year. (d) If VicForests requires the Contractor to provide Services outside the Supply Zones, the Parties shall negotiate in good faith to reach agreement on any reimbursements to be paid by VicForests to the Contractor. These may include: (i) costs in accordance with relocating Equipment outside the Supply Zone; and (ii) other costs associated with providing Services outside the Supply Zones such as camping costs. Reimbursements may be paid through the addition of a unit rate add on to the Rates. (e) If the Parties are unable to reach agreement on payments to be made under clause 3.1(d), the matter may be referred by either Party for resolution in accordance with clause 19. In this case, the matters set out in paragraphs 3.1(d)(i) and (ii) above shall form the basis of mediation, and if necessary, expert determination (f) VicForests shall provide the Contractor with a copy of the initial Annual Plan at the Commencement Date for the purpose of the First Contract Year. (g) VicForests shall provide the Contractor with a copy of the Annual Plan by the commencement of the Annual Harvest Period for each Contract Year other than for the First Contract Year. (h) VicForests shall use its reasonable endeavours to consult with the Contractor in the preparation of the Annual Plan and if practicable, VicForests will incorporate the Contractor’s reasonable requirements having regard to: (i) VicForests’ obligations to and requirements of VicForests’ customers; (ii) VicForests’ obligations under other contracts and its commitments under such contracts; (iii) sustainable forest management principles of VicForests; and (iv) VicForests’ commercial interests.

Annual Plan. (a) The Parties acknowledge and agree that each Annual Plan sets out indicative information only and VicForests provides no warranties or guarantees as to the accuracy of the information or the area or quantities indicated by an Annual Plan. (b) Subject to paragraph (a) above, above VicForests shall use its reasonable endeavours so far as is reasonably practicable to ensure that the quantity of Timber included in an Annual Plan is substantially the same as the relevant Annual Supply Level. (c) Notwithstanding paragraphs paragraph (a) and (b) above but subject to clause 1513, VicForests shall include in an Annual Plan a quantity of Timber in respect of which the Contractor is to provide Harvest Services that is at least 80% of the Annual Supply Level for that Contract Year. (d) If VicForests requires the Contractor to provide Services outside the Supply Zones, the Parties shall negotiate in good faith to reach agreement on any reimbursements to be paid by VicForests to the Contractor. These may include: (i) costs in accordance with relocating Equipment outside the Supply Zoneclause 4.3(a); and (ii) other costs that will be incurred by the Contractor associated with providing Services outside the Supply Zones such as camping costs. Reimbursements may be paid through the addition of a unit rate add on to the Rates. (e) If the Parties are unable to reach agreement on payments to be made under clause 3.1(dparagraph (d), the matter may be referred by either Party to clause 19 for resolution in accordance with clause 19resolution. In this case, the matters set out in paragraphs 3.1(d)(i) and (iid)(ii) above shall amongst other clauses form the basis of mediationmediation and, and if necessary, expert determinationarbitration. (f) VicForests shall provide the Contractor with a copy of the initial Annual Plan at the Commencement Date for the purpose of the First Contract Year. (g) VicForests shall provide the Contractor with a copy of the Annual Plan by the commencement of the Annual Harvest Haulage Period for each Contract Year other than for the First Contract Year. (h) VicForests shall use its reasonable endeavours to consult with the Contractor in the preparation of the Annual Plan and if practicable, VicForests will incorporate the Contractor’s reasonable requirements having regard to: (i) VicForests’ obligations to and requirements of VicForests’ customers; (ii) VicForests’ obligations under contracts with other contracts contractors and its commitments under such contracts; (iii) sustainable forest management principles of by VicForests; and (iv) VicForests’ commercial interests.

Annual Plan. (a) The Parties acknowledge and agree that each Annual Plan sets out indicative information only and VicForests provides no warranties or guarantees as to the accuracy of the information or the area or quantities indicated by an Annual Plan. (b) Subject to paragraph (a) above, above VicForests shall use its reasonable endeavours so far as is reasonably practicable to ensure that the quantity of Timber included in an Annual Plan is substantially the same as the relevant Annual Supply Level. (c) Notwithstanding paragraphs paragraph (a) and (b) above but subject to clause 1513, VicForests shall include in an Annual Plan a quantity of Timber in respect of which the Contractor is to provide Harvest Services that is at least 80% of the Annual Supply Level for that Contract Year. (d) If VicForests requires the Contractor to provide Services outside the Supply Zones, the Parties shall negotiate in good faith to reach agreement on any reimbursements to be paid by VicForests to the Contractor. These may include:: (i) costs Costs in accordance with relocating Equipment outside the Supply Zoneclause4.3(a); and (ii) other costs that will be incurred by the Contractor associated with providing Services outside the Supply Zones such as camping costs. Reimbursements may be paid through the addition of a unit rate add on to the Rates. (e) If the Parties are unable to reach agreement on payments to be made under clause 3.1(dparagraph (d), the matter may be referred by either Party to clause 17 for resolution in accordance with clause 19resolution. In this case, the matters set out in paragraphs 3.1(d)(i) and (ii) above d)(ii)above shall form the basis of mediationmediation and, and if necessary, expert determinationarbitration. (f) VicForests shall provide the Contractor with a copy of the initial Annual Plan at the Commencement Date for the purpose of the First Contract Year. (g) VicForests shall provide the Contractor with a copy of the Annual Plan by the commencement of the Annual Harvest Haulage Period for each Contract Year other than for the First Contract Year. (h) VicForests shall use its reasonable endeavours to consult with the Contractor in the preparation of the Annual Plan and if practicable, VicForests will incorporate the Contractor’s reasonable requirements having regard to: (i) VicForests’ obligations to and requirements of VicForests’ customers; (ii) VicForests’ obligations under contracts with other contracts contractors and its commitments under such contracts; (iii) sustainable forest management principles of by VicForests; and (iv) VicForests’ commercial interests.

Annual Plan. (a) The Parties acknowledge and agree that each Annual Plan sets out indicative information only and VicForests provides no warranties or guarantees as to the accuracy of the information or the area or quantities indicated by an Annual Plan. (b) Subject to paragraph (a) above, VicForests shall use its reasonable endeavours so far as is reasonably practicable to ensure that the quantity of Timber included in an Annual Plan is substantially the same as the relevant Annual Supply Level. (c) Notwithstanding paragraphs (a) and (b) above but subject to clause 15, VicForests shall include in an Annual Plan a quantity of Timber in respect of which the Contractor is to provide Harvest Services that is at least 80% of the Annual Supply Level for that Contract Year. (d) If VicForests requires the Contractor to provide Services outside the Supply Zones, the Parties shall negotiate in good faith to reach agreement on any reimbursements to be paid by VicForests XxxXxxxxxx to the Contractor. These may include: (i) costs in accordance with relocating Equipment outside the Supply Zone; and (ii) other costs associated with providing Services outside the Supply Zones such as camping costs. Reimbursements may be paid through the addition of a unit rate add on to the Rates. (e) If the Parties are unable to reach agreement on payments to be made under clause 3.1(d), the matter may be referred by either Party for resolution in accordance with clause 19. In this case, the matters set out in paragraphs 3.1(d)(i) and (ii) above shall shall, amongst other clauses, form the basis of mediation, and if necessary, expert determination (f) VicForests shall provide the Contractor with a copy of the initial Annual Plan at the Commencement Date for the purpose of the First Contract Year. (g) VicForests shall provide the Contractor with a copy of the Annual Plan by the commencement of the Annual Harvest Period for each Contract Year other than for the First Contract Year. (h) VicForests shall use its reasonable endeavours to consult with the Contractor in the preparation of the Annual Plan and if practicable, VicForests will incorporate the Contractor’s reasonable requirements having regard to: (i) VicForests’ obligations to and requirements of VicForests’ customers; (ii) VicForests’ obligations under other contracts and its commitments under such contracts; (iii) sustainable forest management principles of VicForests; and (iv) VicForests’ commercial interests.

Annual Plan. (a) The Parties acknowledge and agree that each Annual Plan sets out indicative information only and VicForests provides no warranties or guarantees as to the accuracy of the information or the area or quantities indicated by an Annual Plan. (b) Subject to paragraph (a) above, VicForests shall use its reasonable endeavours so far as is reasonably practicable to ensure that the quantity of Timber included in an Annual Plan is substantially the same as the relevant Annual Supply Level. (c) Notwithstanding paragraphs (a) and (b) above but subject to clause 15, VicForests shall include in an Annual Plan a quantity of Timber in respect of which the Contractor is to provide Harvest Services that is at least 80% of the Annual Supply Level for that Contract Year. (d) If VicForests requires the Contractor to provide Services outside the Supply Zones, the Parties shall negotiate in good faith to reach agreement on any reimbursements to be paid by VicForests to the Contractor. These may include: (i) costs in accordance with relocating Equipment outside the Supply Zone; and (ii) other costs associated with providing Services outside the Supply Zones such as camping costs. Reimbursements may be paid through the addition of a unit rate add on to the Rates. (e) If the Parties are unable to reach agreement on payments to be made under clause 3.1(d), the matter may be referred by either Party for resolution in accordance with clause 19. In this case, the matters set out in paragraphs 3.1(d)(i) and (ii) above shall shall, amongst other clauses, form the basis of mediation, and if necessary, expert determination. (f) VicForests shall provide the Contractor with a copy of the initial Annual Plan at the Commencement Date for the purpose of the First Contract Year. (g) VicForests shall provide the Contractor with a copy of the Annual Plan by the commencement of the Annual Harvest Period for each Contract Year other than for the First Contract Year. (h) VicForests shall use its reasonable endeavours to consult with the Contractor in the preparation of the Annual Plan and if practicable, VicForests will incorporate the Contractor’s reasonable requirements having regard to: (i) VicForests’ obligations to and requirements of VicForests’ customers; (ii) VicForests’ obligations under other contracts and its commitments under such contracts; (iii) sustainable forest management principles of VicForests; and (iv) VicForests’ commercial interests.