Common use of Emergency Rate Redetermination Clause in Contracts

Emergency Rate Redetermination. Forest Service shall redetermine rates if, upon Purchaser's application, Forest Service determies that, because of changes in the timber market since the award date or the last rate redetermination under this provision, the Producer Price Index identified in AT17 has declined by 25 percent. Rates shall be redetermined under BT3.3 and shall be considered established under BT3.1 for Payment Units described therein at the time of Purchaser's application. This Subsection shall not apply during Contract Term Extension. BT3.4 Other Payment Rates. BT3.41 Material and Quantities Not in AT2. Incidental amounts of products or portions of trees of species listed in AT2 that do not meet Utilization Standards may be removed without charge. Such material may be purposely removed in more than incidental amounts without charge upon written approval of Contracting Officer, and subject to agreement on deposits if needed for road maintenance and use. Other species or products not listed in AT2 may be cut and removed upon written approval of Contracting Officer and subject to agreement on rates of payment and deposits if needed for road maintenance and use. Timber for which the quantity is not included in the estimate listed in AT2, as described in BT2.4, shall be paid for at Current Contract Rates and Required Depos- its. BT3.42 Timber Cut Through Mistake. Undesig- nated timber meeting Utilization Standards, cut by Pur- chaser through mistake and included by Contracting Offi- cer under BT2.14, shall be removed and paid for at Cur- rent Contract Rates and Required Deposits, unless such material is not listed in AT2. In such event, Contracting Officer, in accord with standard Forest Service methods, shall establish rates to be paid. BT3.43 Undesignated Timber Damaged With- out Negligence. Undesignated timber meeting Utilization Standards, damaged without negligence by Purchaser and designated by Forest Service under BT2.131, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits. BT3.44 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Purchaser, if in- cluded by Contracting Officer under BT2.132, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits that are in addition to liquidated dam- ages under BT3.45. If such timber is of a species or size not listed in AT2 or is of a quality different from designated timber, Con- tracting Officer shall establish payment rates in accord with standard Forest Service methods.

Emergency Rate Redetermination. Forest Service shall redetermine rates if, upon Purchaser's application, Forest Service determies that, because of changes in the timber market since the award date or the last rate redetermination under this provision, the Producer Price Index identified in AT17 has declined by 25 percent. Rates shall be redetermined under BT3.3 and shall be considered established under BT3.1 for Payment Units described therein at the time of Purchaser's application. This Subsection shall not apply during Contract Term Extension. SAMPLE BT3.4 Other Payment Rates. BT3.41 Material and Quantities Not in AT2. Incidental amounts of products or portions of trees of species listed in AT2 that do not meet Utilization Standards may be removed without charge. Such material may be purposely removed in more than incidental amounts without charge upon written approval of Contracting Officer, and subject to agreement on deposits if needed for road maintenance and use. Other species or products not listed in AT2 may be cut and removed upon written approval of Contracting Officer and subject to agreement on rates of payment and deposits if needed for road maintenance and use. Timber for which the quantity is not included in the estimate listed in AT2, as described in BT2.4, shall be paid for at Current Contract Rates and Required Depos- its. BT3.42 Timber Cut Through Mistake. Undesig- nated timber meeting Utilization Standards, cut by Pur- chaser through mistake and included by Contracting Offi- cer under BT2.14, shall be removed and paid for at Cur- rent Contract Rates and Required Deposits, unless such material is not listed in AT2. In such event, Contracting Officer, in accord with standard Forest Service methods, shall establish rates to be paid. BT3.43 Undesignated Timber Damaged With- out Negligence. Undesignated timber meeting Utilization Standards, damaged without negligence by Purchaser and designated by Forest Service under BT2.131, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits. BT3.44 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Purchaser, if in- cluded by Contracting Officer under BT2.132, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits that are in addition to liquidated dam- ages under BT3.45. If such timber is of a species or size not listed in AT2 or is of a quality different from designated timber, Con- tracting Officer shall establish payment rates in accord with standard Forest Service methods.

Emergency Rate Redetermination. Forest Service shall redetermine rates if, upon Purchaser's application, Forest Service determies that, because of changes in the timber market since the award date or the last rate redetermination under this provision, the Producer Price Index identified in AT17 has declined by 25 percent. Rates shall be redetermined under BT3.3 and shall be considered established under BT3.1 for Payment Units described therein at the time of Purchaser's application. This Subsection shall not apply during Contract Term Extension. BT3.4 Other Payment Rates. SAMPLE BT3.41 Material and Quantities Not in AT2. Incidental amounts of products or portions of trees of species listed in AT2 that do not meet Utilization Standards may be removed without charge. Such material may be purposely removed in more than incidental amounts without charge upon written approval of Contracting Officer, and subject to agreement on deposits if needed for road maintenance and use. Other species or products not listed in AT2 may be cut and removed upon written approval of Contracting Officer and subject to agreement on rates of payment and deposits if needed for road maintenance and use. Timber for which the quantity is not included in the estimate listed in AT2, as described in BT2.4, shall be paid for at Current Contract Rates and Required Depos- its. BT3.42 Timber Cut Through Mistake. Undesig- nated timber meeting Utilization Standards, cut by Pur- chaser through mistake and included by Contracting Offi- cer under BT2.14, shall be removed and paid for at Cur- rent Contract Rates and Required Deposits, unless such material is not listed in AT2. In such event, Contracting Officer, in accord with standard Forest Service methods, shall establish rates to be paid. BT3.43 Undesignated Timber Damaged With- out Negligence. Undesignated timber meeting Utilization Standards, damaged without negligence by Purchaser and designated by Forest Service under BT2.131, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits. BT3.44 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Purchaser, if in- cluded by Contracting Officer under BT2.132, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits that are in addition to liquidated dam- ages under BT3.45. If such timber is of a species or size not listed in AT2 or is of a quality different from designated timber, Con- tracting Officer shall establish payment rates in accord with standard Forest Service methods.

Emergency Rate Redetermination. Forest For- est Service shall redetermine rates if, upon PurchaserContractor's application, Forest Service determies determines that, because of changes in the timber market since the award date or the last rate redetermination under this provision, the Producer Price Index identified in AT17 AT20 has declined by 25 percent. Rates shall be redetermined under BT3.3 and shall be considered con- sidered established under BT3.1 for Payment Units described therein at the time of Purchaser's timber Scaled subse- quent to Contractor’s application. This Subsection shall not apply during Contract Term Extension. BT3.4 Other Payment Rates. BT3.41 Material and Quantities Not in AT2. Incidental Inci- dental amounts of products or portions of trees of species listed in on AT2 that do not meet Utilization Standards may be removed without charge. Such material may be purposely pur- posely removed in more than incidental amounts without charge upon written approval of Contracting Officer, and subject to agreement on deposits if needed for road maintenance and use. Other species or products not listed in AT2 may be cut and removed upon written approval of Contracting Officer and subject to agreement on rates of payment and deposits depos- its if needed for road maintenance and use. Timber When any material suitable for which the quantity is not use in a product form included in AT2 is removed in another product form, the estimate listed in AT2, as described in BT2.4, rates of payment shall be paid for at not less than but approximately equivalent to Current Contract Rates and Required Depos- its. BT3.42 Timber Cut Through Mistake. Undesig- nated timber meeting Utilization Standards, cut by Pur- chaser Con- tractor through mistake and included by Contracting Offi- cer Officer under BT2.14, shall be removed and paid for at Cur- rent Current Contract Rates and Required Deposits, unless such material mate- rial is not listed in AT2. In such event, Contracting Officer, in accord with standard Forest Service methods, shall establish es- tablish rates to be paid. BT3.43 (Reserved) BT3.44 Undesignated Timber Damaged With- out Negligence. Undesignated timber meeting Utilization Standards, damaged without negligence by Purchaser Contractor and designated by Forest Service under BT2.131, shall be cut, removed, and paid for at Current Contract Rates and Required Deposits. BT3.44 BT3.45 Undesignated Timber Unnecessarily Damaged or Negligently or Willfully Cut. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by PurchaserContractor, if in- cluded by Contracting Officer under BT2.132, shall be cut, removed, and paid for at Current Contract Rates and Required Re- quired Deposits that are in addition to liquidated dam- ages damages under BT3.45BT3.46. If such timber is of a species or size not listed in AT2 or is of a quality different from designated timber, Con- tracting Contract- ing Officer shall establish payment rates in accord with standard Forest Service methods.