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 species value contained in STATE's appraisal, multiplied by the bid-up factor, for each species involved in the trespass, if PURCHASER's action is willful or intentional; or (b) Double the species value contained in STATE's appraisal, multiplied by the bid-up factor, for each species involved in the trespass, if PURCHASER's action is not willful or intentional. (c) Bid-up factor shall be calculated by STATE using the following calculation: bid value all species/appraised value all species = bid-up factor. 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.