LIABILITY/DAMAGES PAYMENT RATE. It is agreed that because of the effect upon the State Forest land as a whole and upon its future productivity and because of the nature of the case, it will be extremely difficult and impractical to fix the actual injury to the STATE by the following type of breaches of this Agreement by the PURCHASER: A. The failure to remove all merchantable material designated for cutting as agreed herein; and B. The loss of merchantable timber from fire, or from other injury caused by the PURCHASER or which the PURCHASER might have prevented and by the terms of this Agreement the PURCHASER is required to prevent; and C. The cutting or severely damaging by logging of leave trees as agreed herein. And it is further agreed that by reason of such extreme difficulty and impracticability the PURCHASER shall pay to the STATE for such merchantable material the PURCHASER so fails to remove, and for merchantable material so lost or damaged, at double the rate hereinbefore set forth, provided that such payments shall not release the PURCHASER from liability for any damage suffered by the STATE in addition to the value of said trees so not removed or lost or cut or damaged as aforesaid shall be regarded as liquidated damages. In cases of occasional injury as described above and involving small amounts of material only, the Timber Sale Officer will use discretion and judgment in determining whether any breach of contract has occurred within the meaning of this paragraph.
Appears in 7 contracts
Samples: Timber Sale Agreement, Standard Agreement, Standard Agreement
