Common use of Liability for Loss Clause in Contracts

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that sig- nificantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Contract Area, but before Scaling, shall be borne by Contractor at Cur- rent Contract Rates and Required Deposits. Deteriora- tion or loss of value of salvage timber is not an unex- pected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33.‌‌‌‌ In the event Included Timber to which Forest Ser- vice holds title is destroyed, Contractor will not be obli- gated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immedi- ately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differ- ences to become the redetermined rates.‌‌‌‌ There shall be no obligation for Forest Service to supply, or for Contractor to accept and pay for, other timber in lieu of that destroyed or damaged. This Sub- section shall not be construed to relieve either party of liability for negligence.‌

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that sig- nificantly significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after removal felling of timber from Contract Area, but before Scaling, shall be borne by Contractor at Cur- rent Purchaser, unless Purchaser is prevented from removing such timber for reasons that would qualify for Contract Rates and Required DepositsTerm Adjustment. Deteriora- tion Deterioration or loss of value of salvage timber is not an unex- pected unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33.‌‌‌‌ BT8.33. In the event Included Timber to which Forest Ser- vice Service holds title is destroyed, Contractor Purchaser will not be obli- gated obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immedi- ately immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differ- ences differences to become the redetermined rates.‌‌‌‌ rates. There shall be no obligation for Forest Service to supply, or for Contractor Purchaser to accept and pay for, other timber in lieu of that destroyed or damaged. This Sub- section Subsection shall not be construed to relieve either party of liability for negligence.‌negligence.