Common use of Timber Harvesting Clause in Contracts

Timber Harvesting. Buyer shall harvest (i.e. cut and remove) in each Harvesting Year, all merchantable Timber as identified in the Harvesting Plan for the Actual Designated Tracts for such Harvesting Year, subject to a Force Majeure Event. Such harvesting operations shall be conducted in accordance with all Applicable Laws, in a manner consistent with established industry logging practices, and in compliance with any reasonable additional guidelines which may be established from time to time by Seller. Buyer shall repair all fences or structures damaged by its harvesting operations and shall leave all roads, fire breaks, property lines, lakes, streams, and drainage ditches clear of logs, timber, limbs or other debris. All oil drums, cans, bottles, cartons, delimbing bars, loading decks, abandoned equipment and other debris resulting from Buyer’s operations shall be removed from the applicable portions of the Timberlands upon completion of the harvesting operations at Buyer’s expense. If repairs are not made or if the debris is not removed and cleared within thirty (30) days after notice from Seller to Buyer, then Seller may undertake such repair or removal for Buyer’s account, and Buyer shall be liable to Seller for any expense incurred in repairing or removing same. Buyer shall not, under any circumstance, bury any material underground nor discharge, release or otherwise cause the Timberlands or any portion thereof to be affected by hazardous wastes or hazardous substances. Buyer shall use normal and customary care while conducting its harvesting operations so as not to materially damage the Timberlands. Buyer acknowledges that a higher degree of care is required when the site is abnormally wet and that such circumstances may require Buyer to halt all harvesting activities. Seller reserves the right to suspend Buyer’s harvesting operations when Seller deems site damage will result from continued operations; provided, however, that in the event of such suspension, Buyer shall be entitled to an extension of the time allotted for its harvesting operations equal to the number of days that the suspension continues. Seller also reserves the right to suspend Buyer’s harvesting operations on an Actual Designated Tract when Seller determines, in the exercise of its reasonable discretion, that Buyer is not conducting harvesting operations on the Actual Designated Tract in accordance with the relevant Harvesting Plan. In the event Buyer conducts harvesting operations in violation of the relevant Harvesting Plan or outside the scope of the relevant Harvesting Plan, then Seller shall be entitled to pursue all remedies available at law for timber trespass.

Timber Harvesting. Buyer shall harvest (i.e. cut and remove) in each Harvesting Year, all merchantable Timber as identified in the Harvesting Plan for the Actual Designated Tracts for such Harvesting Year, subject to a Force Majeure Event. Such harvesting operations shall be conducted in accordance with all Applicable Laws, in a manner consistent with established industry logging practices, and in compliance with any reasonable additional guidelines which may be established from time to time by Seller. Buyer shall repair all fences or structures damaged by its harvesting operations and shall leave all roads, fire breaks, property lines, lakes, streams, and drainage ditches perennial and intermittent streams clear of logs, timber, limbs or other debris. All oil drums, cans, bottles, cartons, delimbing bars, loading decks, abandoned equipment and other debris resulting from Buyer’s operations shall be removed from the applicable portions of the Timberlands upon completion of the harvesting operations at Buyer’s expense. If repairs are not made or if the debris is not removed and cleared within thirty (30) days after notice from Seller to Buyer, then Seller may undertake such repair or removal for Buyer’s account, and Buyer shall be liable to Seller for any expense incurred in repairing or removing same. Buyer shall not, under any circumstance, bury any material underground nor discharge, release or otherwise cause the Timberlands or any portion thereof to be affected by hazardous wastes or hazardous substances. Buyer shall use normal and customary care while conducting its harvesting operations so as not to materially damage the Timberlands. Buyer acknowledges that a higher degree of care is required when the site is abnormally wet and that such circumstances may require Buyer to halt all harvesting activities. Seller reserves the right to suspend Buyer’s harvesting operations when Seller deems site damage will result from continued operations; provided, however, that in the event of such suspension, Buyer shall be entitled to an extension of the time allotted for its harvesting operations equal to the number of days that the suspension continues. Seller also reserves the right to suspend Buyer’s harvesting operations on an Actual Designated Tract when Seller determines, in the exercise of its reasonable discretion, that Buyer is not conducting harvesting operations on the Actual Designated Tract in accordance with the relevant Harvesting Plan. In the event Buyer conducts harvesting operations in violation of the relevant Harvesting Plan or outside the scope of the relevant Harvesting Plan, then Seller shall be entitled to pursue all remedies available at law for timber trespass.suspension

Timber Harvesting. Buyer Subject to any amendment to the Harvest Plan, NPNS shall harvest (i.e. i.e., cut and remove) in within each Harvesting Year, Year all merchantable Timber as identified in the Harvesting Plan for Qualifying Stumpage located on the Actual Designated Tracts for such Harvesting Year, or such smaller volume of Qualifying Stumpage as mutually agreed upon by Neenah and NPNS in writing, subject to the occurrence of a Force Majeure Event. Such NPNS may identify in writing to Neenah prior to harvesting activities predominately hardwood stands or Tracts that contain in excess of 50% hardwood stands within any of the Actual Designated Tracts and “walk around” such stands. All harvesting operations shall be conducted in accordance with all Applicable Laws, in a manner consistent with established industry logging practicespractices or as necessary for the Timberlands to maintain SFI® Certification. Upon severance of any portion of the Timber on the Timberlands by NPNS or its logging contractors, risk of loss, title to and in compliance with any reasonable additional guidelines which may be established from time ownership of such Timber shall pass to time by SellerNPNS. Buyer NPNS shall repair all fences or structures damaged by its harvesting operations and shall leave all roads, fire breaks, property lines, lakes, streams, and drainage ditches clear of logs, timber, limbs or other debrisdebris deposited there as a result of NPNS’s operations (as opposed to third party actions or naturally occurring events). All oil drums, cans, bottles, cartons, delimbing bars, loading decks, abandoned equipment and other debris resulting from Buyer’s NPNS’ operations shall be removed from the applicable portions of the Timberlands upon completion of the harvesting operations at BuyerNPNS’s expenseexpense in accordance with Applicable Laws. If repairs are NPNS shall not made or if the debris is not removed and cleared within thirty (30) days after notice from Seller to Buyer, then Seller may undertake such repair or removal for Buyer’s account, and Buyer shall be liable to Seller for any expense incurred in repairing or removing same. Buyer shall not, under any circumstance, bury any material underground nor or discharge, release or otherwise cause the Timberlands or any portion thereof to be affected by hazardous wastes or hazardous substances. Buyer NPNS shall use normal and customary care while conducting its harvesting operations so as not to materially damage the Timberlands. Buyer NPNS acknowledges that under SFI Standards a higher degree of care is required when the site is abnormally wet and that such circumstances may require Buyer NPNS to halt all alter harvesting activities. Seller reserves activities to accommodate the right to suspend Buyer’s harvesting operations when Seller deems site damage will result from continued operationsground conditions; provided, however, that NPNS shall not be liable for any damage to the Timberlands caused by anyone other than NPNS or NPNS’s contractors engaged in harvesting, trucking or road construction on the event of such suspension, Buyer shall be entitled to an extension portion of the time allotted for its harvesting operations equal Timberlands impacted by such damage. In addition, Neenah shall retain all Carbon Credits related to the number of days that the suspension continues. Seller also reserves the right to suspend Buyer’s harvesting operations on an Actual Designated Tract when Seller determines, or in the exercise of its reasonable discretion, that Buyer is not conducting harvesting operations on the Actual Designated Tract in accordance any way associated with the relevant Harvesting PlanQualifying Stumpage pursuant to this Agreement. In For purposes of this Agreement “Carbon Credits” shall mean any calculable carbon offset or credit that could be generated from the event Buyer conducts harvesting operations in violation of Timberlands as such credits are available through the relevant Harvesting Plan Chicago Climate Exchange or outside the scope of the relevant Harvesting Plan, then Seller shall be entitled to pursue all remedies available at law a similar market for timber trespasscarbon reduction or sequestration.

Timber Harvesting. Buyer Neenah shall harvest (i.e. i.e., cut and remove) in within each Harvesting Year, Year all merchantable Timber as identified in the Harvesting Plan for Qualifying Stumpage located on the Actual Designated Tracts for such Harvesting Year, or such smaller volume of Qualifying Stumpage as mutually agreed upon by Neenah and Seller in writing, subject to a Force Majeure Event. Such harvesting operations shall be conducted in accordance with all Applicable Laws, in a manner consistent with established industry logging practices, practices and in compliance with all laws, regulations or requirements of the Nova Scotia Department of Natural Resources or as necessary for the Timberlands to maintain SFI® Certification. Upon severance of any reasonable additional guidelines which may be established from time portion of the timber on the Timberlands by Neenah or its logging contractors, risk of loss, title to time by Sellerand ownership of such timber shall pass to Neenah. Buyer Neenah shall repair all fences or structures damaged by its harvesting operations and shall leave all roads, fire breaks, property lines, lakes, streams, and drainage ditches clear of logs, timber, limbs or other debris. All oil drums, cans, bottles, cartons, delimbing bars, loading decks, abandoned equipment and other debris resulting from BuyerNeenah’s operations shall be removed from the applicable portions of the Timberlands upon completion of the harvesting operations at BuyerNeenah’s expense. If repairs are not made or if the debris is not removed and cleared within thirty sixty (3060) days after notice from Seller to BuyerNeenah, then Seller may undertake such repair or removal for Buyer’s account, and Buyer Neenah shall be liable to Seller for any expense incurred deemed in repairing or removing samematerial breach of this Agreement. Buyer Neenah shall not, under any circumstance, bury any material underground nor or discharge, release or otherwise cause the Timberlands or any portion thereof to be affected by hazardous wastes or hazardous substances. Buyer Neenah shall use normal and customary care while conducting its harvesting operations so as not to materially damage the Timberlands. Buyer Neenah acknowledges that under SFI Standards a higher degree of care is required when the site is abnormally wet and that such circumstances may require Buyer Neenah to halt all alter harvesting activities. Seller reserves activities to accommodate the right to suspend Buyer’s harvesting operations when Seller deems site damage will result from continued operationsground conditions; provided, however, that Neenah shall not be liable for any damage to the Timberlands caused by anyone other than Neenah or Neenah’s contractors engaged in harvesting, trucking or road construction on the event of such suspension, Buyer shall be entitled to an extension portion of the time allotted for its harvesting operations equal to the number of days that the suspension continues. Seller also reserves the right to suspend Buyer’s harvesting operations on an Actual Designated Tract when Seller determines, in the exercise of its reasonable discretion, that Buyer is not conducting harvesting operations on the Actual Designated Tract in accordance with the relevant Harvesting Plan. In the event Buyer conducts harvesting operations in violation of the relevant Harvesting Plan or outside the scope of the relevant Harvesting Plan, then Seller shall be entitled to pursue all remedies available at law for timber trespassTimberlands impacted by such damage.