TIMBER DAMAGE Sample Clauses

TIMBER DAMAGE. Standard DWF compensation rates apply for any timber resource damages and are reproduced and incorporated here:  DWF shall be paid at triple the stumpage rates posted for the region by Timber Mart-South as of date of damage or removal.
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TIMBER DAMAGE. (a) Buyer shall do everything which is practicable, in the opinion of the District Forester, to prevent damage or injury to residual trees not marked or designated for felling. Marked or designated trees are listed in Paragraph 11 of this contract. (b) The Buyer shall pay the Department the following stumpage price for all damaged unmarked and undesignated trees: (1) When in the opinion of the District Forester, the damage is not the result of Buyer’s carelessness or negligence, the adjusted species value will be computed as follows: District Forester’s Minimum Species Value Per Unit TIMES Buyer’s Sale Bid PLUS Department’s Estimated Cost of Road Construction and/or Improvement Department’s: Minimum Acceptable Bid PLUS Department’s: Estimated Cost of Road Construction and/or Improvement EQUALS Adjusted Species Value Per Unit Volume (2) When in the opinion of the District Forester, the damage is the result of Buyer’s carelessness or negligence, three times the adjusted species value per unit volume as computed in (1) above. If this value for damage due to Buyer’s carelessness or negligence is less than $5.00 per tree then a minimum charge of $5.00 per tree will be made whether the tree is commercial, non-commercial, merchantable or non-merchantable. (3) When the damaged species value or unit volume value was not considered when determining the minimum bid for this sale, a fair base current value will be determined by the District Forester. (c) Buyer will be invoiced by the District Forester for all damaged trees which must be either felled or left standing as required by the District Forester. (1) If in the District Forester’s opinion the damage was not the result of Xxxxx’s carelessness or negligence then all damaged trees required to be felled may be utilized by Buyer. (2) If, in the opinion of the District Forester, the trees were damaged through Buyer’s carelessness or negligence, then all damaged trees whether felled or not remain the property of the Department. (3) All damaged seed trees, superior trees and comparison trees will remain the property of the Department. (4) Payments for damages must be received prior to the due date listed on the invoice (ER-BF-16).
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TIMBER DAMAGE. (a) Buyer shall do everything which, in the opinion of the Forest Manager, is practicable to prevent damage or injury to trees which Buyer must leave standing. (b) Buyer shall pay the University the bid stumpage price, by species, and at the following rate as determined by the Forest Manager for damaged trees. The Forest Manager will determine all volume. Should damage occur to tree species not covered in bid stumpage price, the Forest Manager shall establish payment rates. i. Three times the stumpage value for damage to all merchantable trees and One Dollar ($1.00) for damage to each non-merchantable tree, when said damage, in the opinion of the Forest Manager, is the result of the carelessness or negligence of Buyer. ii. The stumpage value for damage to all merchantable trees, when said damage, in the opinion of the Forest Manager, is the result of other than the carelessness or negligence of Buyer. (c) The Forest Manager may restrict or prohibit the further use of any equipment, when in the opinion of the Forest Manager; there is a risk of damage to unmarked trees by the further use of such equipment. (d) The Director will invoice Buyer for damaged trees, which either must be left standing or felled, as required by the Forest Manager. All damaged trees required to be felled may be utilized by Buyer.
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TIMBER DAMAGE. (A) Buyer shall do everything which is practicable, in the opinion of the Commission, to prevent damage or injury to residual trees not marked or designated for felling. Marked or designated trees are identified in Paragraphs 2 and 11 herein. (B) The Buyer shall pay the Commission the price hereinafter determined and called the Damaged Tree Value for all damaged unmarked and undesignated cut trees: (1) When the damage is not the result of Buyer’s carelessness or negligence, in the sole opinion of the Commission, the Damaged Tree Value will be computed and determined by the Commission as follows: [ Species Value ] TIMES [ Per Unit ] [ ** Board Feet or volume [ ] ] EQUALS [ Damaged [ Tree Value $ ] ] *Information required hereunder shall be determined by the maximum unit value of the purchase price indicated in Paragraph 4. In the event a damaged species unit value is not indicated in Paragraph 4, the PA Department of Conservation and Natural Resources’ (DCNR) Regional District Forester, acting behalf of the Commission, shall determine the species unit based on recent sales of similar trees in Pennsylvania. If the Damaged Tree Value is less than $6.00, a minimum charge of $6.00 per tree will be made regardless of whether the tree is commercial, noncommercial, merchantable or non-merchantable. ** Shall be determined by the Commission or in the event a volume cannot be determined an estimate will be provided by the Regional DCNR District Forester. (2) When damage is the result of Buyer’s carelessness or negligence, in the sole opinion of the Commission, the amount to be paid by the Buyer will be three times the Damaged Tree Value as computed by the method in (1) above. If this value is less than $6.00 per tree then a minimum charge of $6.00 per tree will be made regardless of whether the tree is commercial, noncommercial, merchantable or non-merchantable. (C) Buyer will be invoiced by the Commission for all damaged trees which must be either felled or left standing as required by Commission after they are identified, evaluated and quantified. (1) If in the opinion of the Commission, the damage is not the result of Buyer’s carelessness or negligence, then all the damaged trees required to be felled may be utilized by the Buyer. (2) If in the opinion of the Commission, the trees were damaged through Buyer’s carelessness or negligence, then all the damaged trees whether felled or not shall remain the property of the Commission. (3) All damaged seed trees, superio...
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TIMBER DAMAGE. Where this report includes comments in relation to the severity of timber damage, it must be understood that this is not a qualified builder’s opinion. It is essential that any timber damage be referred to a suitably qualified building professional and to obtain a special purpose building report relating to the extent of the timber damage. The full extent of damage may only be revealed by invasive inspection methods including probing and the removal of lining material. This type of invasive inspection has not been carried out and you should understand that the extent and/or severity of timber damage may be found to increase significantly upon such an invasive inspection. The references contained within this report to the extent of timber damage have only been included to assist in determining treatment specifications and not to quantify the timber damage and must not be relied upon to determine the costs of repair or replacement.
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Related to TIMBER DAMAGE

  • Major Damage In the event of Major Damage to a Property prior to the Closing Date, then the applicable Seller shall have no obligation to repair such Major Damage and shall notify Purchaser in writing of such damage or destruction (the “Damage Notice”). Within ten (10) days after Purchaser’s receipt of the Damage Notice, Purchaser may elect at its option to give a Termination Notice for the damaged Property to Seller’s Representative. If Purchaser does not elect to terminate this Agreement with respect to the damaged Property, this transaction shall be closed in accordance with the terms of this Agreement either, at the election of the applicable Seller, (a) for the full Purchase Price for the damaged Property notwithstanding any such damage or destruction, and Purchaser shall, at Closing, execute and deliver an assignment and assumption (in a form reasonably required by the applicable Seller) of such Seller’ rights and obligations with respect to the insurance claim and related to such casualty, and thereafter Purchaser shall receive all remaining insurance proceeds pertaining to such claim (plus a credit against the applicable Purchase Price at Closing in the amount of any deductible payable by the applicable Seller in connection therewith and not spent by such Seller for demolition, site cleaning, restoration or other repairs); or (b) Purchaser shall receive a credit against the Base Purchase Price for the damaged Property for the full replacement costs of repair to the subject Property, plus, to the extent covered by such Seller’s insurance policy, any costs required pursuant to local code or zoning requirements, as determined by an independent third party reasonably acceptable to such Seller and Purchaser. In the event a Seller elects to assign such Seller's rights and obligations with respect to the insurance claim and related casualty to Purchaser as provided above, and if an AIMCO employee is the adjuster for the claim related thereto, Sellers covenant and agree that the adjuster shall act in accordance with standard insurance industry protocols in processing such claim (including, without limitation, the time taken to process such claim).

  • Minor Damage In the event that a Property is damaged or destroyed by fire or other casualty prior to the Closing, and the cost of Repairs is equal to or less than ten percent (10%) of the Purchase Price for such Property, then this transaction shall be closed in accordance with Section 11.3, notwithstanding such casualty. In such event, applicable Seller may at its election endeavor to make such Repairs to the extent of any recovery from insurance carried on the Property, if such Repairs can be reasonably effected before the Closing. Regardless of applicable Seller’s election to commence such Repairs, or applicable Seller’s ability to complete such Repairs prior to Closing, this transaction shall be closed in accordance with Section 11.3 below.

  • Casualty Damage 18.1 Tenant shall give immediate notice (by telephone, confirmed in writing) to Landlord of any damage caused to the Premises by fire or other casualty, and if Landlord does not elect to terminate this Lease as provided in Section 18.2, Landlord shall proceed with reasonable diligence and at its sole cost and expense to rebuild and repair the Building and/or the Premises, as the case may be, but Landlord shall not be obligated to expend for such rebuilding and repair any amount in excess of the amount of the insurance proceeds actually recovered by Landlord and made available by any Superior Lessor or Superior Mortgagee as a result of such loss. 18.2 If the Building or the Premises shall be destroyed or substantially damaged by a casualty not covered by Landlord’s insurance, or if 25% or more of the Premises is damaged or rendered untenantable by a casualty covered by Landlord’s insurance, or if the Premises are not affected but 25% of the Building or such portion of the Common Facilities as shall render the Premises or the Building untenantable is damaged or rendered untenantable, then in any such event Landlord may elect either to terminate this Lease or to proceed to rebuild and repair the Premises or that portion of the Building so damaged. Landlord shall give written notice to Tenant of such election within 90 days after the occurrence of such casualty, or within 30 days after the adjustment of the insurance settlement, whichever is later. In the event that such notice of termination shall be given, this Lease shall terminate as of the date provided in such notice of termination (whether or not the Term shall have commenced) with the same effect as if that date were the Expiration Date, without prejudice, however, to Landlord’s rights and remedies against Tenant under the terms of this Lease. If at any time prior to Landlord giving the aforesaid notice of termination or commencing the repair pursuant to Section 18.1, there shall be a Successor Landlord, such Successor Landlord shall have a further period of 60 days from the date of so taking possession to terminate this Lease by notice to Tenant and in the event that such a notice of termination shall be given, this Lease shall terminate as of the date provided in such notice of termination (whether or not the Term shall have been commenced) if Tenant is not occupying any portion of the Premises or otherwise as of the date provided in such notice, with the same effect as if that date were the Expiration Date, without prejudice, however, to Landlord’s rights against Tenant under the terms of this Lease. 18.3 Subject to the provisions of Section 18.1, Landlord’s obligation to rebuild and repair under this Article XVIII shall in any event be limited to restoring Landlord’s Work, as described in the Work Letter, to substantially the condition in which the same existed prior to the casualty, and to proceed, at the sole cost and expense of Tenant, to rebuild, repair and restore Tenant’s Work and any additional Improvements made by Tenant during the Term, all to substantially the condition existing prior to such casualty. 18.4 During the period from the occurrence of the casualty until Landlord’s repairs are completed, the Basic Rent payable pursuant to Article V and Additional Rent payable pursuant to Articles VI and VII shall be abated in that proportion which the Premises area rendered untenantable bears to the entire Premises area; provided, however, there shall be no abatement of any other charges or items of Additional Rent provided for herein to be paid by Tenant; and further provided, however, that should Tenant or anyone claiming through or under Tenant occupy a portion of the Premises during the period the repair work is taking place and prior to the date the Premises are no longer untenantable, the Rent allocable to such reoccupied portion, based upon the proportion which the reoccupied portion of the Premises bears to the total area of the Premises, shall be payable by Tenant from the date of such occupancy. 18.5 Landlord shall not the liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from any such damage by fire or other casualty or the repair thereof. 18.6 Notwithstanding any of the foregoing provisions of this Article, if, by reason of any negligence or willful act on the part of Tenant or any of its employees, agents, licensees, invitees or contractors, either (a) Landlord or the Superior Lessor or the Superior Mortgagee shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the Building or the Project by fire or other casualty or (b) the Premises or the Building or the Project shall be damaged or destroyed or rendered completely or partially untenantable on account of fire or other casualty then, without prejudice to any other remedy which may be available against Tenant, the abatement of rent provided for in Section 18.4 shall not be effective to the extent of the uncollected insurance proceeds.

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • Personal Property Damage Upon submission of reasonable proof the Employer shall repair or indemnify with respect to damage to the chattels of an employee while on duty caused by the actions of a patient, resident or client provided such personal property is an article of use or wear of a type suitable for use while on duty.

  • Risk of Loss or Damage The Lessee assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to the Lessor in the condition received, with the exception of wear and tear, unless otherwise provided in this Agreement.

  • Property Damage Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations. Lessee shall provide Lessor with written evidence that such insurance is in force.

  • No Damage Any material loss, damage or destruction, whether covered by insurance or not, affecting any business or properties of any of the Partnerships;

  • Destruction or Damage (a) If the Building or the Premises are totally destroyed by storm, fire, earthquake, or other casualty, or damaged to the extent that, in Landlord's reasonable opinion the damage cannot be restored within one hundred eighty (180) days of the date Landlord provides Tenant written notice of Landlord's reasonable estimate of the time necessary to restore the damage, or if the damage is not covered by standard "all risks" property insurance and as a result Landlord elects not to restore such damage, Landlord or Tenant shall have the right to terminate this Lease effective as of the date of such destruction or damage by written notice to the other on or before thirty (30) days following Landlord's notice described in the next sentence and Rent shall be accounted for as between Landlord and Tenant as of that date. Landlord shall provide Tenant with notice within forty-five (45) days following the date of the damage of the estimated time needed to restore, and whether the loss is covered by Landlord's insurance coverage (and if not, whether Landlord nevertheless elects to restore). (b) If the Premises are damaged by any such casualty or casualties but neither party is entitled to or neither party elects to terminate this Lease as provided in subparagraph (a) above, this Lease shall remain in full force and effect, Landlord shall notify Tenant in writing within forty-five (45) days of the date of the damage that the damage will be restored (and will include Landlord's good faith estimate of the date the restoration will be complete), in which case Rent shall xxxxx as to any portion of the Premises which is not usable, and Landlord shall restore the Premises to substantially the same condition as before the damage occurred as soon as practicable, whereupon full Rent shall recommence.

  • Repair of Damage If the Relevant Space is damaged by fire, storm, flood, earthquake or other insured casualty, Landlord and Tenant shall work cooperatively and diligently with one another to obtain estimates of the cost and time required to repair and restore such damage to the Building and the Relevant Space (which estimates Landlord shall be responsible for obtaining and sharing with Tenant) and to negotiate a settlement payment with the relevant insurance company as quickly as feasible following the date of the casualty event and in any event within ninety (90) days after the date of such casualty event (the “90-Day Casualty Assessment Period”). If it is determined that the damage to the Building and the Relevant Space can be substantially repaired and restored within one hundred eighty (180) days from the expiration of the 90-Day Casualty Assessment Period using standard working methods and procedures, Landlord shall use reasonable efforts to repair and restore the Relevant Space and the Building to its previous condition. Provided, however, if it is determined that the Building and the Relevant Space cannot be repaired and restored within such one hundred eighty (180) day period, then either party may, within ten (10) days after such determination is made and communicated to both Landlord and Tenant, terminate this Lease by giving notice to the other party; provided further, however, Tenant shall not be able to terminate this Lease if the damage was caused by Tenant’s willful misconduct. Notwithstanding the foregoing, Tenant shall reimburse Landlord for the cost of repairing and restoring the Building, the Building-Specific Common Areas, the Exterior Common Areas and/or the Land, or any part thereof, to the extent that any water damage is due to the malfunction, leaking or misuse of any Tenant personal property, equipment, or non- Building Standard Improvements, including, without limitation, refrigerators, fish tanks, icemakers, water fountains and water coolers, to the extent specified in Section 6.4 herein. Additionally, if it is determined that the Building and the Relevant Space will be repaired and restored as provided above, Tenant shall be entitled, by so notifying Landlord in writing during the 90-Day Casualty Assessment Period, to have Landlord’s repair and restoration obligations encompass only a scope of work that is consistent with the Building Shell Improvements originally completed by Landlord prior to the Commencement Date and, in such case, (i) Tenant shall be responsible for all additional work required to repair and restore the Building and the Relevant Space to the condition that existed immediately prior to the casualty event or to a modified condition and receive the relevant insurance proceeds related thereto which remain following the completion of Landlord’s repair and restoration obligations, subject to Landlord’s prior written approval of the plans and specifications for such modifications pursuant to Section 6.1(b) herein (and Tenant shall bear the risk of any shortfall in insurance proceeds to fully pay for such additional work if and to the extent such additional work exceeds the scope of work that would be required to restore the Improvements that existed in the Premises immediately prior to the casualty event), (ii) the foregoing one hundred eighty (180) day period for the completion of the repair and restoration project shall no longer be applicable and (iii) Tenant shall cause such additional work to be completed in an expeditious manner (so that rent hereunder will again be payable with respect to the Relevant Space) and otherwise in compliance with all relevant terms and provisions in this Lease relating to the installation of Improvements by Tenant.

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