Payment Requirements
A. Contract Amount: It is expressly agreed and understood that the total amount to be paid by County under this Contract shall not exceed the total County funding as set forth in Attachment B-Payment/Compensation to Subrecipient attached hereto and incorporated herein by reference.
B. County will reclaim any unused balance of funds for reallocation to other County approved projects.
Support Requirements If there is a dispute between the awarded vendor and TIPS Member, TIPS or its representatives may assist, at TIPS sole discretion, in conflict resolution or third party (mandatory mediation), if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded vendors TIPS project files, documentation and correspondence. TIPS Members stand in the place of TIPS as related to this agreement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS.
CONTRACT REQUIREMENTS A. Project area boundaries are marked with two blue paint slashes and block boundaries are designated with one blue paint slash.
B. All blocks are accessible by foot only. Xxxxxx’x Creek must be crossed on foot from the PGC railroad grade.
C. Block 1, All trees 1” DBH and over, except for red and blue paint marked trees are to be cut. All conifers are reserved. Block 1 will be cut during the dormant season; October 15 through March 15.
D. Block 2, All American beech, sweet birch, aspen, stripped maple, and ironwood 1” DBH and greater will be cut. All yellow marked trees will be cut. Block 2 will be cut during the dormant season; October 15 through March 15.
E. Block 3, All trees 1” DBH and over, except for red and blue paint marked trees are to be cut. All conifers are reserved. Block 3 will be cut during the dormant season; October 15 through March 15.
F. All employees must be able to identify species.
G. Usable material may not be removed from site.
X. Xxxxx material felled with clean cuts must have stumps that are parallel to the ground surface and shall not exceed six (6) inches in height measured on the side next to the highest ground or the diameter of the xxxxx, whichever is smaller, except when in the opinion of the Field Contract Coordinator, said height is impractical.
I. Cut trees must be removed from trails, roads, tail drains, streams, and utility rights-of- way.
J. All trees shall be felled so tops do not pile on one another but lie singly on the ground.
K. Slash shall be lopped to no higher than 4’ and pulled apart as directed by the Regional Forester.
L. Operator shall exercise care and caution in all operations to prevent damage to all trees not specified for treatment.
M. All tops must be pulled back 25 feet from the State Game Land boundary, (blazed & painted white), all roads, parking lots, herbaceous openings, utility Right of Ways and deer exclosures. Tops, branches, and slash will be removed from all ponds, lakes, and streams.
N. Damage to trails, roads, streams, or utility rights-of-way caused by the Operator’s equipment must be repaired by the Operator at their expense.
O. Any trash resulting from the Operator’s operations must be removed from the area and properly disposed.
P. The Operator shall not block any roads or trails in the area during performance of this contract. The Operator shall not in any way hinder the progress of any Timber Sale Contracts in these areas.
Q. All labor, equipment, tools, etc., needed to complete contracted projects are to be provided by the Operator.
R. Timber Damages – when in the opinion of Field Contract Coordinator, damage to the residual stand becomes excessive, the Operator shall pay the Commission a fair base current value determined by the Field Contract Coordinator per unit of volume. If this value for damage due to Operator’s carelessness or negligence is less than $10.00 per tree, then a minimum charge of $10.00 per tree will be made whether the tree is commercial, non-commercial, merchantable, or non-merchantable.
Equipment Requirements No Equipment is provided to Customer as part of this Service.
Project Requirements 1. Project must conform to regulations under 24 CFR Part 92, commonly known as the HOME Regulations.
Forecasting Requirements 19.5.1 The Parties shall exchange technical descriptions and forecasts of their Interconnection and traffic requirements in sufficient detail necessary to establish the Interconnections necessary for traffic completion to and from all Customers in their respective designated service areas.
Design Requirements The DG Facility shall be installed in compliance with Wisconsin Administrative Code Chapter PSC 119.
Agreement Requirements This agreement will be issued to cover the Janitorial Service requirements for all State Agencies and shall be accessible to any School District, Political Subdivision, or Volunteer Fire Company.
Testing Requirements 12.1. Workplaces -
12.2. On workplaces where the value of the Commonwealth’s contribution to the project that includes the building work is at least $5,000,000, and represents at least 50% of the total construction project value or the Commonwealth’s contribution to the project that includes the building work is at least $10,000,000 (irrespective of its proportion of the total construction project value) the following minimum testing requirements must be adhered to.
REIT Requirements Notwithstanding anything in Section 11.01(a), in the event that counsel or independent accountants for the Protected REIT determine that there exists a material risk that any amounts due to Purchaser under Section 11.01(a) hereof would be treated as Nonqualifying Income upon the payment of such amounts to Purchaser, the amount paid to Purchaser pursuant to this Agreement in any tax year shall not exceed the maximum amount that can be paid to Purchaser in such year without causing the Protected REIT to fail to meet the REIT Requirements for such year, determined as if the payment of such amount were Nonqualifying Income as determined by such counsel or independent accountants to the Protected REIT. If the amount payable for any tax year under the preceding sentence is less than the amount which Seller would otherwise be obligated to pay to Purchaser pursuant to Section 11.01 of this Agreement (the “Expense Amount”), then:
(1) Seller shall place the Expense Amount into an escrow account (the “Expense Escrow Account”) using an escrow agent and agreement reasonably acceptable to Purchaser and shall not release any portion thereof to Purchaser, and Purchaser shall not be entitled to any such amount, unless and until Purchaser delivers to Seller, at the sole option of the Protected REIT, (i) an opinion (an “Expense Amount Tax Opinion”) of the Protected REIT’s tax counsel to the effect that such amount, if and to the extent paid, would not constitute Nonqualifying Income, (ii) a letter (an “Expense Amount Accountant’s Letter”) from the Protected REIT’s independent accountants indicating the maximum amount that can be paid at that time to Purchaser without causing the Protected REIT to fail to meet the REIT Requirements for any relevant taxable year, or (iii) a private letter ruling issued by the IRS to the Protected REIT indicating that the receipt of any Expense Amount hereunder will not cause the Protected REIT to fail to satisfy the REIT Requirements (a “REIT Qualification Ruling” and, collectively with an Expense Amount Tax Opinion and an Expense Amount Accountant’s Letter, a “Release Document”); and (2) pending the delivery of a Release Document by Purchaser to Seller, Purchaser shall have the right, but not the obligation, to borrow the Expense Amount from the Escrow Account pursuant to a loan agreement (an “Indemnity Loan Agreement”) reasonably acceptable to Purchaser that (i) requires Seller to lend Purchaser immediately available cash proceeds in an amount equal to the Expense Amount (an “Indemnity Loan”), and (ii) provides for (A) a commercially reasonable interest rate and commercially reasonable covenants, taking into account the credit standing and profile of Purchaser or any guarantor of Purchaser, including the Protected REIT, at the time of such Loan, and (B) a 15 year maturity with no periodic amortization.
