Common use of Use by Others Clause in Contracts

Use by Others. Forest Service shall have the right to use any road constructed by Purchaser under this contract for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by Purchaser hereunder when Contracting Officer determines that such use will not materially interfere with Purchaser’s Operations. Third party use shall be contin- gent upon Contracting Officer determining, and third party agreeing to pay, a fair share of maintenance cost com- mensurate with such commercial use. (a) Contracting Officer makes appropriate arrange- ments to relieve Purchaser of related maintenance costs commensurate with such other uses and (b) Such other uses will not materially interfere with Purchaser’s Operations. Where Purchaser reconstructs a road having estab- lished use, Purchaser’s use during reconstruction and thereafter shall be such as to reasonably accommodate such established use. Contracting Officer shall ensure that other users do not materially interfere with Purchaser’s right to use such reconstructed road.

Appears in 147 contracts

Samples: Timber Sale Contract, Timber Sale Contract, Timber Sale Contract

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Use by Others. Forest Service shall have the right to use any road constructed by Purchaser Contractor under this contract con- tract for any and all purposes in connection with the protection and administration of the National Forest. Other partiespar- ties, in connection with the logging of tributary National Forest timber, may use roads constructed by Purchaser hereunder Contractor here- under when Contracting Officer determines that such use will not materially interfere with PurchaserContractor’s Operations. Third party use shall be contin- gent contingent upon Contracting Officer determining, and third party agreeing to pay, a fair share of maintenance cost com- mensurate commensurate with such commercial use. (a) Contracting Officer makes appropriate arrange- ments arrangements to relieve Purchaser Contractor of related maintenance costs commensurate with such other uses and (b) Such other uses will not materially interfere with PurchaserContractor’s Operations. Where Purchaser Contractor reconstructs a road having estab- lished established use, PurchaserContractor’s use during reconstruction and thereafter thereaf- ter shall be such as to reasonably accommodate such established use. Contracting Officer shall ensure that other users do not materially interfere with PurchaserContractor’s right to use such reconstructed road.

Appears in 24 contracts

Samples: Integrated Resource Contract, Integrated Resource Contract, Integrated Resource Contract

Use by Others. Forest Service shall have the right to use any road constructed by Purchaser Contractor under this contract for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by Purchaser Contractor hereunder when Contracting Officer determines that such use will not materially interfere with PurchaserContractor’s OperationsOpera- tions. Third party use shall be contin- gent contingent upon Contracting Officer determining, and third party agreeing to pay, a fair share of maintenance cost com- mensurate commensurate with such commercial use. (a) Contracting Officer makes appropriate arrange- ments arrangements to relieve Purchaser Contractor of related maintenance costs commensurate with such other uses and (b) Such other uses will not materially interfere with PurchaserContractor’s Operations. Where Purchaser Contractor reconstructs a road having estab- lished established use, PurchaserContractor’s use during reconstruction and thereafter thereaf- ter shall be such as to reasonably accommodate such established use. Contracting Officer shall ensure that other users do not materially interfere with PurchaserContractor’s right to use such reconstructed road.

Appears in 9 contracts

Samples: Integrated Resource Contract, Integrated Resource Contract, Integrated Resource Contract

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Use by Others. Forest Service shall have the right to use any road constructed by Purchaser Contractor under this contract for any and all purposes in connection with the protection and administration of the National Forest. Other parties, in connection with the logging of tributary National Forest timber, may use roads constructed by Purchaser Contractor hereunder when Contracting Officer determines that such use will not materially interfere with PurchaserContractor’s Operations. Third Such third party use shall be contin- gent contingent upon Contracting Officer determining, and the third party agreeing to pay, paying a fair share of maintenance cost com- mensurate commensurate with such commercial use.. Unless otherwise provided, Forest Service shall authorize other uses of roads constructed by Contractor hereunder only if: (a) Contracting Officer Forest Service makes appropriate arrange- ments arrangements to relieve Purchaser Contractor of related maintenance costs commensurate with such other uses and (b) Such other uses will not materially interfere with PurchaserContractor’s Operations. Where Purchaser Contractor reconstructs a road having estab- lished established use, Purchaser’s the use during reconstruction and thereafter by Contractor shall be such as to reasonably accommodate such established use. Contracting Officer Contractor shall ensure that other users do not materially interfere with Purchaser’s have the right to use such reconstructed roadroad without material additional interference from other users.

Appears in 1 contract

Samples: Integrated Resource Service Contract (Irsc)

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