Timber. Lessee shall notify Lessor in writing at least forty-five (45) calendar days prior to any removal by Lessee of marketable timber (marketability to be within the discretion of Lessor). At Lessor’s option, Lessor may choose to harvest timber, or Lessor may require an appraisal of the timber by a qualified independent appraiser, at Lessee’s expense, and Lessee shall pay Lessor the appraised value for the timber identified prior to its removal by Lessee.
Timber. The following are all of the locations in the United States of America in which the Company ------ possesses any timber to be cut: -------------------------------------- -------------------------------------- Source: UCCss.9-301(3)(B) and Official Comment 5(c) to 9-301.
Timber. Lessee shall have the right, pursuant to applicable law, to manage and use timber upon the property in accordance with law. In addition, in the event Lessee elects to seek patents for the property described on Exhibit A, Lessee shall have the right to manage and harvest the timber situated thereon. In either event Lessee shall account for the value of timber removed and the value shall be treated just as proceeds from the sale of metal is treated and accounted for under this lease.
Timber. Timber is a natural material containing grain/vein and tonal differences. Thus, it is not possible to achieve total consistency of colour and grain in its selection and installation. Timber has inherent property to react along with atmospheric changes, which results bending, twisting and cracking if not maintained well consistently.
Timber. LESSOR reserves and excepts from this Lease Agreement all timber now or during the term, being situated on the Leased Premises with right of ingress and egress to remove same, and with the right to sell all or any part of said timber without breach of any right of LESSEE hereunder.
Timber. Lessee acknowledges that Lessor owns or controls all of a portion of the timber growing on the Surface Property, and that Lessor’s right to cut and remove the timber in advance of Lessee’s operations is limited by, and subject to, the Title Documents (including, without limitation, the obligation to make payments due thereunder (including, without limitation, the obligations to pay per-acre fees contained in that Deed, dated August 29, 1974, between Island Creek Coal Company and Georgia-Pacific Corporation, to the extent the same is included in the Surface Property)). Lessee shall not cut or remove any timber growing on the Surface Property, except as expressly permitted by the Title Documents.
Timber.
1. Stockpiled in an area designated by USFS/BLM to be disposed of by other means,
2. Acquired by CDOT or the CDOT contractor at fair market value as determined by an appraisal, or
3. Permitted for removal as a non-sale disposal, if regulations apply, to be disposed of in whatever manner is most cost-efficient to CDOT, granted they actually remove the material from the site. When USFS/BLM retain ownership of the timber cut within the clearing limits, USFS/BLM will stipulate the necessary procedures and specifications that must be followed for items such as marking, bucking, and decking (cutting and stacking). If USFS/BLM retain ownership, they will also be responsible for final disposal. CDOT will notify USFS/BLM of any merchantable timber that may need to be removed as a result of construction or maintenance activities. All activities related to the removal of merchantable timber will be completed in accordance with the jointly developed project schedule described under Section IV above. The clearance area required for construction will be staked by CDOT for review by USFS/BLM in accordance with the mutually agreed upon project schedule and prior to the scheduled timber cruising operations. The Colorado State Forest Service may, at CDOT’s discretion, act on behalf of CDOT in matters of forestry. USFS/BLM will provide a written appraisal (if required) and contract or permit in accordance with the joint project schedule developed under Section IV. It is understood that the objective is for the appraisal (if required) to be completed at least 30 days prior to the bid opening. A forest products contract or permit (if required) would be completed no later than 30 days after CDOT awards the construction contract. If merchantable timber is being acquired by CDOT or CDOT’s contractor, at a fair market value as determined by an appraisal, CDOT or CDOT’s contractor will provide direct payment to USFS/BLM for the appraised value of the timber prior to cutting. The negotiated schedule in Section IV above should reflect the applicable dates for flagging of the cutting limit boundaries, the completion of volume estimates and corresponding appraisal, and the issuance of the contract. USFS/BLM will not work directly with any subcontractors unless specified under the project schedule. If the timber is stockpiled on NFS/BLM land, the site must be identified by USFS/BLM and agreed to by CDOT, and any necessary environmental clearances obtained. If so allowed by USFS/BLM, t...
Timber. All timber, biomass and other organic products growing, standing or lying on the Land (the “Timber” and, together with the Land, the “Timberlands”);
Timber. That the CONCESSIONAIRE shall not permit or suffer any offensive use of the said premises, or the commission of waste thereon, shall not cut timber or native shrubs except as approved in writing by the said City of Benbrook, Texas and the Real Estate Contracting Officer, shall not conduct mining operations or drill for oil or gas upon the said area, shall not remove sand, gravel, or kindred substances from the ground or shall not in any manner substantially change the contour or condition of the property unless approved in writing by the City of Benbrook, Texas, and the Real Estate Contracting Officer, but the CONCESSIONAIRE may salvage such fallen dead timber as may be required for use of firewood. The CONCESSIONAIRE shall keep the area in good order and in a clean, sanitary, and safe condition, and shall at all times maintain all structures and equipment in a condition satisfactory to the City of Benbrook, Texas, and the Real Estate Contracting Officer. The CONCESSIONAIRE shall be responsible for the removal of all refuse, debris, etc., that may accumulate in the concession area from any cause or for any reason, and shall keep all weeds, grass, and underbrush in the area under proper control by mowing or other approved methods. Such mowing and cleaning of the area will conform to standards of frequency and quality which are established by the U.S. Army Corps of Engineers.
Timber. The Obligor does not own, or expect to acquire, any property which constitutes, or would constitute, timber. If at any time after the Effective Date, the Obligor owns, acquires or obtains rights to any timber, the Obligor shall furnish the Collateral Agent with prompt written notice thereof (which notice shall describe in reasonable detail the timber and the locations thereof) and shall take all actions as may be deemed reasonably necessary or desirable by the Collateral Agent to perfect the security interest of the Collateral Agent therein.
