Common use of Trespass Clause in Contracts

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

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Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 129 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 212 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 397 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 124 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 10 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Agreement

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) . The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 142 MBF) ), multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 123 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

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Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 15 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 340 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 178 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 313 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

Trespass. PURCHASER shall be exclusively responsible for any damage or removal of non- designated timber, or trespass beyond the boundaries of the areas of operations resulting from any activities of PURCHASER. Any trespass resulting from the activities of PURCHASER may be considered grounds for placing the contract in violation or default. Damages for any trespass shall be charged as follows: (a) Treble the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the contract value, as defined in Section 44, "Log Prices," for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) The contract value for hardwoods shall be the price for hardwoods in Section 44 divided by the advertised volume of hardwoods (404 191 MBF) multiplied by the bid-up factor. The bid-up factor shall be calculated by STATE using the following calculation: Bid value for all species divided by the appraised value for all species. As used in this section, the term "willful" or "intentional" includes, but is not limited to: any voluntary or deliberate activity by the PURCHASER, its employees, contractors, subcontractors, or agents which results in the removal or damage to any timber not described under the section titled, "Designated Timber," including removal or damage arising from a mistake of law or fact concerning the designated timber.

Appears in 1 contract

Samples: Timber Sale Contract

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