Common use of EXCESSIVE DAMAGE Clause in Contracts

EXCESSIVE DAMAGE. a. The Purchaser agrees to take all steps and precautions to avoid and minimize damage to timber or other forest products not specifically described in this Contract or designated by the Seller for cutting. b. Excessive damage shall not be permitted. Purchaser agrees to contact Seller in the event of an excessive damage situation. c. Damage to individual trees is defined as one or more of the following as determined by the Seller: (1) Any tree measuring at least 5 inches and no more than 14 inches DBH with more than 25 square inches of bark removed (2) Any tree larger than 14 inches DBH with more than 50 square inches of bark removed (3) Any tree with more than 25% of the crown destroyed by logging operations (4) Any tree with more than 25% of the root area exposed or severed within the drip line of the tree’s crown (5) Any live bole or tree entirely broken off by logging operations (6) Any tree tipped more than 10 degrees from its vertical position by logging operations d. As used in this Contract, excessive damage occurs where either: (1) 5% or more of the individual trees in the sale area are damaged, and/or (2) Bark removal on tree xxxxx or main stems sum more than 200 square inches per acre in the sale area. For purposes of this determination, all debarked patches greater than 1 square inch on trees larger than 5 inches DBH are considered.

EXCESSIVE DAMAGE. a. The Purchaser agrees to take all steps and precautions to avoid and minimize damage to timber or other forest products not specifically described in this Contract or designated by the Seller for cutting. b. Excessive damage shall not be permitted. Purchaser Xxxxxxxxx agrees to contact Seller Xxxxxx in the event of an excessive damage situation. c. Damage to individual trees is defined as one or more of the following as determined by the Seller: (1) Any tree measuring at least 5 inches and no more than 14 inches DBH with more than 25 square inches of bark removed (2) Any tree larger than 14 inches DBH with more than 50 square inches of bark removed (3) Any tree with more than 25% of the crown destroyed by logging operations (4) Any tree with more than 25% of the root area exposed or severed within the drip line of the tree’s crown (5) Any live bole or tree entirely broken off by logging operations (6) Any tree tipped more than 10 degrees from its vertical position by logging operations d. As used in this Contract, excessive damage occurs where either: (1) 5% or more of the individual trees in the sale area are damaged, and/or (2) Bark removal on tree xxxxx or main stems sum more than 200 square inches per acre in the sale area. For purposes of this determination, all debarked patches greater than 1 square inch on trees larger than 5 inches DBH are considered.