Common use of FOREST FIRE SUPPRESSION Clause in Contracts

FOREST FIRE SUPPRESSION. During the time that this Agreement remains in force, the PURCHASER shall independently of STATE effort do all that can be done to prevent and suppress forest fires on the sale area and shall require all employees, agents, contractors, subcontractors, and employees of contractors and subcontractors to do likewise. Unless prevented by uncontrollable circumstances, the PURCHASER shall place all employees, agents, contractors, subcontractors, and employees of contractors and subcontractors, and their equipment at the disposal of any authorized representative of the Director of Forestry and Fire Protection for the purpose of fighting forest fires on or adjacent to the State Forest, with the understanding that where fire fighting services are not rendered on the sale area of the PURCHASER, payment to the PURCHASER, and to employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER by the STATE for such services shall be made at standard rates established by the Director of Forestry and Fire Protection where such services are specifically ordered or requested by the Department of Forestry and Fire Protection Officer in charge of the fire; provided further, however, that no payment shall be made by the STATE to the PURCHASER if said fire occurred or spread as the result of violation of law, Forest Practice Rules, or actionable negligence attributable to the PURCHASER, or to employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER. In cases where fires occur upon the sale area or spread across the sale area from an adjacent area, the PURCHASER will bear all expenses incurred in action taken upon the fire prior to the arrival of the Department Officer in charge of the fire. Upon arrival of the Department Officer in charge of the fire the PURCHASER, and employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER, may be reimbursed by the STATE for fire fighting services rendered by them in response to specific orders and requests made by the Department Officer in charge of the fire at the rates provided for in the second paragraph of this section; provided further, however, that when the fire has been surrounded by control lines, the PURCHASER will assume all costs of patrol until the fire is declared to be out by the State Forest Officer in charge of the fire protection in the area and provided further, that in the event said fire has occurred or spread as a result of violation of law, Forest Practice Rules, or actionable negligence of the PURCHASER, or employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER, then the PURCHASER shall not be reimbursed in any amount by the STATE for services rendered by PURCHASER, or by employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER, in control of the fire. When the STATE becomes legally obligated by contract expressed, implied or otherwise, to make payment for any fire fighting services under the second and third paragraphs of this section and the said fire occurred or spread as the result of violation of law, Forest Practice Rules, or negligence attributable to the PURCHASER, or to employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER, said PURCHASER shall reimburse the STATE for that payment. The provisions of this section shall not be construed as relieving the PURCHASER of fire suppression costs for which the PURCHASER is otherwise liable under State law.

FOREST FIRE SUPPRESSION. During the time that this Agreement remains in force, the PURCHASER shall independently of STATE effort do all that can be done to prevent and suppress forest fires on the sale area and shall require all employees, agents, contractors, subcontractors, and employees of contractors and subcontractors to do likewise. Unless prevented by uncontrollable circumstances, the PURCHASER shall place all employees, agents, contractors, subcontractors, and employees of contractors and subcontractors, and their equipment at the disposal of any authorized representative of the Director of Forestry and Fire Protection for the purpose of fighting forest fires on or adjacent to the State Forest, with the understanding that where fire fighting firefighting services are not rendered on the sale area of the PURCHASER, payment to the PURCHASER, and to employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER by the STATE for such services shall be made at standard rates established by the Director of Forestry and Fire Protection where such services are specifically ordered or requested by the Department of Forestry and Fire Protection Officer in charge of the fire; provided further, however, that no payment shall be made by the STATE to the PURCHASER if said fire occurred or spread as the result of violation of law, Forest Practice Rules, or actionable negligence attributable to the PURCHASER, or to employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER. In cases where fires occur upon the sale area or spread across the sale area from an adjacent area, the PURCHASER will bear all expenses incurred in action taken upon the fire prior to the arrival of the Department Officer in charge of the fire. Upon arrival of the Department Officer in charge of the fire the PURCHASER, and employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER, may be reimbursed by the STATE for fire fighting firefighting services rendered by them in response to specific orders and requests made by the Department Officer in charge of the fire at the rates provided for in the second paragraph of this section; provided further, however, that when the fire has been surrounded by control lines, the PURCHASER will assume all costs of patrol until the fire is declared to be out by the State Forest Officer in charge of the fire protection in the area and provided further, that in the event said fire has occurred or spread as a result of violation of law, Forest Practice Rules, or actionable negligence of the PURCHASER, or employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER, then the PURCHASER shall not be reimbursed in any amount by the STATE for services rendered by PURCHASER, or by employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER, in control of the fire. When the STATE becomes legally obligated by contract expressed, implied or otherwise, to make payment for any fire fighting firefighting services under the second and third paragraphs of this section and the said fire occurred or spread as the result of violation of law, Forest Practice Rules, or negligence attributable to the PURCHASER, or to employees, agents, contractors, subcontractors, or employees of contractors and subcontractors of the PURCHASER, said PURCHASER shall reimburse the STATE for that payment. The provisions of this section shall not be construed as relieving the PURCHASER of fire suppression costs for which the PURCHASER is otherwise liable under State law.