Common use of Contract Termination Clause in Contracts

Contract Termination. (a) The Chief or the Chief’s designee may unilaterally terminate this contract, in whole or in part, for any of the reasons set forth in paragraph (a) of I.3.3. (b) Contractor agrees that compensation for termination of this contract, in whole or in part, under this Subsection shall be: (i) refund or release of advanced deposits under E.2.1.2 for timber cut but not removed, (ii) reimbursement for Out-of-Pocket Expenses, and (iii) one of the following, except when termination, pursuant to I.3.3(v), is based upon a change of law which is public and general in nature: replacement volume under subparagraph (c) or liquidated damages under subparagraph (d). (c) Forest Service and Contractor shall make good faith efforts to identify within Contract Area replacement xxx- ber of similar volume, quality, access, and topography. Stumpage price shall be adjusted under D.3.1 to account for differences between replacement timber and timber deleted. If Forest Service and Contractor cannot reach agreement on satisfactory replacement volume or the proper stumpage of such timber, either party may opt to end the search and Contractor shall be compensated under paragraph (d) of this Subsection. (d) Forest Service shall pay as fixed, agreed, and liquidated damages an amount equivalent to 15 percent of the estimated delivered log value of the volume of timber not harvested due to the termination or partial termination. Esti- mated delivered log value and volume of timber not harvested shall be determined by Contracting Officer as of Termi- nation Date, using Forest Service methods in use as of Termination Date. (e) When Contractor elects termination under this Subsection as a remedy for a delay or interruption pursuant to I.3.3, Contractor shall only be entitled to damages pursuant to subparagraph (d) if the I.3.3 delay or interruption is greater than one year, and the delay or interruption was not initially caused by wind, flood, earthquake, landslide, fire, forest pest epidemic, or other major natural phenomenon. (f) In cases of partial termination under this Subsection, Contractor’s sole and exclusive remedy for the remain- ing volume shall be a rate redetermination pursuant to D.3.1. (g) The applicability of this Subsection shall be unaffected by a finding during administrative appeal or litigation that this sale, or a similarly situated sale, was awarded or operated without properly complying with any statute, regu- lation, or policy. (h) Contractor is required to fulfill all contract obligations not affected by a termination or partial termination under this Subsection. To the extent Contractor is unable to fulfill such obligations, any compensation due to Contractor will be reduced by the cost of completing the unfulfilled obligations, as determined by Contracting Officer.

Contract Termination. (a) The Chief or the Chief’s designee may unilaterally terminate this contractcon- tract, in whole or in part, for any of the reasons set forth in paragraph (a) of I.3.3BT8.33. (b) Contractor agrees that compensation for termination termina- tion of this contract, in whole or in part, under this Subsection Subsec- tion shall be: (i) refund or release of advanced deposits under E.2.1.2 un- der BT4.212 for timber cut but not removed, (ii) reimbursement reimburse- ment for Out-of-Pocket Expenses, and (iii) one of the following, fol- lowing except when termination, pursuant to I.3.3(vBT8.33(v), is based upon a change of law which is public and general in nature: replacement volume under subparagraph (c) or liquidated liq- uidated damages under subparagraph (d). (c) Forest Service and Contractor shall make good faith efforts to identify within Contract Area replacement xxx- ber timber of similar volume, quality, access, and topography. Stumpage price shall be adjusted under D.3.1 BT3.31 to account for differences between replacement timber and timber deletedde- leted. If Forest Service and Contractor cannot reach agreement agree- ment on satisfactory replacement volume or the proper stumpage of such timber, either party may opt to end the search and Contractor shall be compensated under paragraph para- graph (d) of this Subsection. (d) Forest Service shall pay as fixed, agreed, and liquidated liq- uidated damages an amount equivalent to 15 percent of the estimated delivered log value of the volume of timber not harvested due to the termination or partial termination. Esti- mated Estimated delivered log value and volume of timber not harvested shall be determined by Contracting Officer as of Termi- nation Termination Date, using Forest Service methods in use as of Termination Date. (e) When Contractor elects termination under this Subsection as a remedy for a delay or interruption pursuant pursu- ant to I.3.3BT8.33, Contractor shall only be entitled to damages pursuant to subparagraph (d) if the I.3.3 BT8.33 delay or interruption inter- ruption is greater than one year, and the delay or interruption interrup- tion was not initially caused by wind, flood, earthquake, landslide, fire, forest pest epidemic, or other major natural phenomenon. (f) In cases of partial termination under this SubsectionSubsec- tion, Contractor’s sole and exclusive remedy for the remain- ing re- maining volume shall be a rate redetermination pursuant to D.3.1BT3.31. (g) The applicability of this Subsection shall be unaffected unaf- fected by a finding during administrative appeal or litigation that this sale, or a similarly situated sale, was awarded or operated without properly complying with any statute, regu- lationreg- ulation, or policy. (h) Contractor is required to fulfill all contract obligations obliga- tions not affected by a termination or partial termination under un- der this Subsection. To the extent Contractor is unable to fulfill such obligations, any compensation due to Contractor Contrac- tor will be reduced by the cost of completing the unfulfilled obligations, as determined by Contracting Officer. (a) Out-of-Pocket Expenses for maintenance of the contract performance and payment bonds during the pe- riod when operations were delayed or interrupted or, if ter- minated, from the date operations were halted until the ex- piration of the bonds; (b) Out-of-Pocket Expenses for maintenance of the downpayment or other cash deposits during the period when operations were delayed or interrupted or, if termi- nated, from the date operations were halted until the cash is returned to Contractor; (c) Out-of-Pocket Expenses for move-in and move- out; (d) Out-of-Pocket Expenses for felling, bucking, lop- ping, skidding, yarding, and decking any products so pro- cessed, but not removed from Contract Area because: (i) the contract was terminated or (ii) the products no longer meet Utilization Standards because of delay or interrup- tion; (e) If terminated in whole or in part, Out-of-Pocket Ex- penses for unused Temporary Roads; (f) Out-of-Pocket Expenses for the investment in Specified Roads during the period when operations were delayed or interrupted or, if terminated, in whole or in part, Out-of-Pocket Expenses for unamortized Specified Road construction and reconstruction; and (g) If the contract is terminated, in whole or in part, Out-of-Pocket Expenses for bid preparation, including re- view of contract offering. Contractor shall submit documentation of claimed ex- penditures and supporting analysis to Contracting Officer to assist in Contracting Officer’s calculation of reimburse- ment. Expenses related to paragraphs (a), (b), and (g) may be based on interest at the Prompt Payment Rate estab- lished by the Secretary of the Treasury. Contracting Officer shall determine the amount of reimbursement under this Subsection using information from Contractor and/or For- est Service methods in use on the date that operations were delayed, interrupted, or terminated at Contracting Of- ficer’s sole discretion. Contractor shall make all reasonable efforts to mini- xxxx Out-of-Pocket Expenses.

Contract Termination. (a) The Chief or the Chief’s designee may unilaterally terminate this contract, in whole or in part, for any of the reasons set forth in paragraph (a) of I.3.3B8.33. (b) Contractor Purchaser agrees that compensation for termination of this contract, in whole or in part, under this Subsection shall be: (i) refund or release of advanced deposits under E.2.1.2 B4.212 for timber cut but not removed, (ii) reimbursement for Out-of-Pocket Expenses, and (iii) one of the following, except when termination, pursuant to I.3.3(v), is based upon a change of law which is public and general in nature: replacement volume under subparagraph (c) or liquidated damages under subparagraph (d). (c) Forest Service and Contractor Purchaser shall make good faith efforts to identify within Contract Sale Area replacement xxx- ber timber of similar volume, quality, access, and topography. Stumpage price shall be adjusted under D.3.1 B3.31 to account for differences between replacement timber and timber deleted. If Forest Service and Contractor Purchaser cannot reach agreement on satisfactory replacement volume or the proper stumpage of such timber, either party may opt to end the search and Contractor Purchaser shall be compensated under paragraph (d) of this Subsection. (d) Forest Service shall pay as fixed, agreed, and liquidated damages an amount equivalent to 15 percent of the estimated es- timated delivered log value of the volume of timber not harvested due to the termination or partial termination. Esti- mated Estimated delivered log value and volume of timber not harvested shall be determined by Contracting Officer as of Termi- nation Termination Date, using Forest Service methods in use as of Termination Date. (e) When Contractor Purchaser elects termination under this Subsection as a remedy for a delay or interruption pursuant to I.3.3B8.33, Contractor Purchaser shall only be entitled to damages pursuant to subparagraph (d) if the I.3.3 B8.33 delay or interruption is greater than one year, and the delay or interruption was not initially caused by wind, flood, earthquake, landslide, fire, forest for- est pest epidemic, or other major natural phenomenon. (f) In cases of partial termination under this Subsection, ContractorPurchaser’s sole and exclusive remedy for the remain- ing remaining volume shall be a rate redetermination pursuant to D.3.1B3.31. (g) The applicability of this Subsection shall be unaffected by a finding during administrative appeal or litigation that this sale, or a similarly situated sale, was awarded or operated without properly complying with any statute, regu- lationregulation, or policy. (h) Contractor Purchaser is required to fulfill all contract obligations not affected by a termination or partial termination under this Subsection. To the extent Contractor Purchaser is unable to fulfill such obligations, ; any compensation due to Contractor Purchaser will be reduced re- duced by the cost of completing the unfulfilled obligations, as determined by Contracting Officer. (a) Out-of-Pocket Expenses for maintenance of the timber sale performance and payment bonds during the period when operations were delayed or interrupted or, if terminated, from the date operations were halted until the expiration of the bonds; (b) Out-of-Pocket Expenses for maintenance of the downpayment or other cash deposits during the period when op- erations were delayed or interrupted or, if terminated, from the date operations were halted until the cash is returned to Purchaser; (c) Out-of-Pocket Expenses for move-in and move-out; (d) Out-of-Pocket Expenses for felling, bucking, lopping, skidding, yarding, and decking any products so processed, but not removed from Sale Area because: (i) the sale was terminated or (ii) the products no longer meet Utilization Xxxx- dards because of delay or interruption; (e) If terminated in whole or in part, Out-of-Pocket Expenses for unused Temporary Roads; (f) If the sale is terminated, in whole or in part, Out-of-Pocket Expenses for bid preparation, including review of sale offering. Purchaser shall submit documentation of claimed expenditures and supporting analysis to Contracting Officer to as- sist in Contracting Officer’s calculation of reimbursement. Contracting Officer shall determine the amount of reimburse- ment under this Subsection using information from Purchaser and/or Forest Service methods in use on the date that op- erations were delayed, interrupted, or terminated at Contracting Officer’s sole discretion. Purchaser shall make all reasonable efforts to minimize Out-of-Pocket Expenses.

Contract Termination. (a) The Chief or the Chief’s designee may unilaterally terminate this contractcon- tract, in whole or in part, for any of the reasons set forth in paragraph (a) of I.3.3BT8.33. (b) Contractor agrees that compensation for termination termina- tion of this contract, in whole or in part, under this Subsection Subsec- tion shall be: (i) refund or release of advanced deposits under E.2.1.2 un- der BT4.212 for timber cut but not removed, (ii) reimbursement reimburse- ment for Out-of-Pocket Expenses, and (iii) one of the following, fol- lowing except when termination, pursuant to I.3.3(vBT8.33(v), is based upon a change of law which is public and general in nature: replacement volume under subparagraph (c) or liquidated liq- uidated damages under subparagraph (d). (c) Forest Service and Contractor shall make good faith efforts to identify within Contract Area replacement xxx- ber timber of similar volume, quality, access, and topography. Stumpage price shall be adjusted under D.3.1 BT3.31 to account for differences between replacement timber and timber deletedde- leted. If Forest Service and Contractor cannot reach agreement agree- ment on satisfactory replacement volume or the proper stumpage of such timber, either party may opt to end the search and Contractor shall be compensated under paragraph para- graph (d) of this Subsection. (d) Forest Service shall pay as fixed, agreed, and liquidated liq- uidated damages an amount equivalent to 15 percent of the estimated delivered log value of the volume of timber not harvested due to the termination or partial termination. Esti- mated Estimated delivered log value and volume of timber not harvested shall be determined by Contracting Officer as of Termi- nation Termination Date, using Forest Service methods in use as of Termination Date. (e) When Contractor elects termination under this Subsection as a remedy for a delay or interruption pursuant pursu- ant to I.3.3BT8.33, Contractor shall only be entitled to damages pursuant to subparagraph (d) if the I.3.3 BT8.33 delay or interruption inter- ruption is greater than one year, and the delay or interruption interrup- tion was not initially caused by wind, flood, earthquake, landslide, fire, forest pest epidemic, or other major natural phenomenon. (f) In cases of partial termination under this SubsectionSubsec- tion, Contractor’s sole and exclusive remedy for the remain- ing re- maining volume shall be a rate redetermination pursuant to D.3.1BT3.31. (g) The applicability of this Subsection shall be unaffected unaf- fected by a finding during administrative appeal or litigation that this sale, or a similarly situated sale, was awarded or operated without properly complying with any statute, regu- lationreg- ulation, or policy. (h) Contractor is required to fulfill all contract obligations obliga- tions not affected by a termination or partial termination under un- der this Subsection. To the extent Contractor is unable to fulfill such obligations, any compensation due to Contractor Contrac- tor will be reduced by the cost of completing the unfulfilled obligations, as determined by Contracting Officer. (a) Out-of-Pocket Expenses for maintenance of the contract performance and payment bonds during the pe- riod when operations were delayed or interrupted or, if ter- minated, from the date operations were halted until the ex- piration of the bonds; (b) Out-of-Pocket Expenses for maintenance of the downpayment or other cash deposits during the period when operations were delayed or interrupted or, if termi- nated, from the date operations were halted until the cash is returned to Contractor; (c) Out-of-Pocket Expenses for move-in and move- out; (d) Out-of-Pocket Expenses for felling, bucking, lop- ping, skidding, yarding, and decking any products so pro- cessed, but not removed from Contract Area because: (i) the contract was terminated or (ii) the products no longer meet Utilization Standards because of delay or interrup- tion; (e) If terminated in whole or in part, Out-of-Pocket Ex- penses for unused Temporary Roads; (f) Out-of-Pocket Expenses for the investment in Specified Roads during the period when operations were delayed or interrupted or, if terminated, in whole or in part, Out-of-Pocket Expenses for unamortized Specified Road construction and reconstruction; and Sample (g) If the contract is terminated, in whole or in part, Out-of-Pocket Expenses for bid preparation, including re- view of contract offering. Contractor shall submit documentation of claimed ex- penditures and supporting analysis to Contracting Officer to assist in Contracting Officer’s calculation of reimburse- ment. Expenses related to paragraphs (a), (b), and (g) may be based on interest at the Prompt Payment Rate estab- lished by the Secretary of the Treasury. Contracting Officer shall determine the amount of reimbursement under this Subsection using information from Contractor and/or For- est Service methods in use on the date that operations were delayed, interrupted, or terminated at Contracting Of- ficer’s sole discretion. Contractor shall make all reasonable efforts to mini- xxxx Out-of-Pocket Expenses.

Contract Termination. (a) The Chief or the Chief’s designee may unilaterally terminate this contractcon- tract, in whole or in part, for any of the reasons set forth in paragraph (a) of I.3.3BT8.33. (b) Contractor agrees that compensation for termination termina- tion of this contract, in whole or in part, under this Subsection Subsec- tion shall be: (i) refund or release of advanced deposits under E.2.1.2 un- der BT4.212 for timber cut but not removed, (ii) reimbursement reimburse- ment for Out-of-Pocket Expenses, and (iii) one of the following, fol- lowing except when termination, pursuant to I.3.3(vBT8.33(v), is based upon a change of law which is public and general in nature: replacement volume under subparagraph (c) or liquidated liq- uidated damages under subparagraph (d). (c) Forest Service and Contractor shall make good faith efforts to identify within Contract Area replacement xxx- ber timber of similar volume, quality, access, and topography. Stumpage price shall be adjusted under D.3.1 BT3.31 to account for differences between replacement timber and timber deletedde- leted. If Forest Service and Contractor cannot reach agreement agree- ment on satisfactory replacement volume or the proper stumpage of such timber, either party may opt to end the search and Contractor shall be compensated under paragraph para- graph (d) of this Subsection. (d) Forest Service shall pay as fixed, agreed, and liquidated liq- uidated damages an amount equivalent to 15 percent of the estimated delivered log value of the volume of timber not harvested due to the termination or partial termination. Esti- mated Estimated delivered log value and volume of timber not harvested shall be determined by Contracting Officer as of Termi- nation Termination Date, using Forest Service methods in use as of Termination Date. (e) When Contractor elects termination under this Subsection as a remedy for a delay or interruption pursuant pursu- ant to I.3.3BT8.33, Contractor shall only be entitled to damages pursuant to subparagraph (d) if the I.3.3 BT8.33 delay or interruption inter- ruption is greater than one year, and the delay or interruption interrup- tion was not initially caused by wind, flood, earthquake, landslide, fire, forest pest epidemic, or other major natural phenomenon. (f) In cases of partial termination under this SubsectionSubsec- tion, Contractor’s sole and exclusive remedy for the remain- ing re- maining volume shall be a rate redetermination pursuant to D.3.1BT3.31. (g) The applicability of this Subsection shall be unaffected unaf- fected by a finding during administrative appeal or litigation that this sale, or a similarly situated sale, was awarded or operated without properly complying with any statute, regu- lationreg- ulation, or policy. (h) Contractor is required to fulfill all contract obligations obliga- tions not affected by a termination or partial termination under un- der this Subsection. To the extent Contractor is unable to fulfill such obligations, any compensation due to Contractor Contrac- tor will be reduced by the cost of completing the unfulfilled obligations, as determined by Contracting Officer. SAMPLE (a) Out-of-Pocket Expenses for maintenance of the contract performance and payment bonds during the pe- riod when operations were delayed or interrupted or, if ter- minated, from the date operations were halted until the ex- piration of the bonds; (b) Out-of-Pocket Expenses for maintenance of the downpayment or other cash deposits during the period when operations were delayed or interrupted or, if termi- nated, from the date operations were halted until the cash is returned to Contractor; (c) Out-of-Pocket Expenses for move-in and move- out; (d) Out-of-Pocket Expenses for felling, bucking, lop- ping, skidding, yarding, and decking any products so pro- cessed, but not removed from Contract Area because: (i) the contract was terminated or (ii) the products no longer meet Utilization Standards because of delay or interrup- tion; (e) If terminated in whole or in part, Out-of-Pocket Ex- penses for unused Temporary Roads; (f) Out-of-Pocket Expenses for the investment in Specified Roads during the period when operations were delayed or interrupted or, if terminated, in whole or in part, Out-of-Pocket Expenses for unamortized Specified Road construction and reconstruction; and (g) If the contract is terminated, in whole or in part, Out-of-Pocket Expenses for bid preparation, including re- view of contract offering. Contractor shall submit documentation of claimed ex- penditures and supporting analysis to Contracting Officer to assist in Contracting Officer’s calculation of reimburse- ment. Expenses related to paragraphs (a), (b), and (g) may be based on interest at the Prompt Payment Rate estab- lished by the Secretary of the Treasury. Contracting Officer shall determine the amount of reimbursement under this Subsection using information from Contractor and/or For- est Service methods in use on the date that operations were delayed, interrupted, or terminated at Contracting Of- ficer’s sole discretion. Contractor shall make all reasonable efforts to mini- xxxx Out-of-Pocket Expenses.