Common use of Remedies for Threatened and Endangered Species Clause in Contracts

Remedies for Threatened and Endangered Species. In the event COUNTY determines this contract may jeopardize the continued existence of a species presently, or subsequently, listed as threatened or endangered pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531) or ORS 496.172 to 496.192, COUNTY may modify or terminate this contract in whole or in part. In the event of modification, termination or partial termination, PURCHASER, agrees that its sole and exclusive remedy shall be the sum of: (1) that portion of the allowance value for road construction completed; (2) actual cost of property line surveys; (3) the estimated logging cost of felling, bucking, yarding and decking any products so processed, but not removed from the sale area; and (4) other miscellaneous credits as may be specified in the contract. Cost and allowance estimates shall be based upon COUNTY'S appraisal for the sale. Expenses which COUNTY will not cover include actual expenses involved in acquiring and holding the contract, lost profits, replacement costs of timber, or any other consequential damage suffered by PURCHASER. Upon request, PURCHASER agrees to provide documentation to COUNTY to verify expenditures. In the event of modification or termination of this contract, in whole or part, by COUNTY, PURCHASER agrees that the liability of COUNTY shall be limited to the express remedies contained in this provision. PURCHASER shall assume the responsibility to comply with the requirements of any environmental survey, study or protocol that may be required.

Remedies for Threatened and Endangered Species. In the event COUNTY determines this contract may jeopardize the continued existence of a species presently, or subsequently, listed as threatened or endangered pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531) or ORS 496.172 to 496.192, COUNTY may modify or terminate this contract in whole or in part. In the event of modification, termination or partial termination, PURCHASERCONTRACTOR, agrees that its sole and exclusive remedy shall be the sum of: (1) that portion of the allowance value for road construction completed; (2) actual cost of property line surveys; (3) the estimated logging cost of felling, bucking, yarding and decking any products so processed, but not removed from the sale area; and (4) other miscellaneous credits as may be specified in the contract. Cost and allowance estimates shall be based upon COUNTY'S appraisal for the sale. Expenses which COUNTY will not cover include actual expenses involved in acquiring and holding the contract, lost profits, replacement costs of timber, or any other consequential damage suffered by PURCHASERCONTRACTOR. Upon request, PURCHASER CONTRACTOR agrees to provide documentation to COUNTY to verify expenditures. In the event of modification or termination of this contract, in whole or part, by COUNTY, PURCHASER CONTRACTOR agrees that the liability of COUNTY shall be limited to the express remedies contained in this provision. PURCHASER CONTRACTOR shall assume the responsibility to comply with the requirements of any environmental survey, study or protocol that may be required.