Free Response to Motion - District Court of Federal Claims - federal

FS-24(;0-9 ~3,69} UmteO States Department Agncullure of Case 1:98-cv-00720-GWM Forest Service

Document 332-9
CONTRACT

Filed 04/28/2005

Page 1 of 4

AGREEMENT

TO

MODIFY

(TimberSale) (FSM 2430) 1. if is mutually agreed that the above designated timbersale contract, signedby LORIND. PORTER

President KEN BROYLES (Name) September. 1994 ofthe 28th .dayof

of

PrecisionPine & Timber

, herinafterualledthe purchaser by and

Contractin,q Officer for the UnitedStatesof America. as (Title) 6/as heretofore modified,be modified follows: as

Pursuant the One to YearSubstantial Overriding Publk~ interest Act, this sate is extended year. one New terminationdate is 7/21/1999. b. CT4.264#, PedodicPayment Determination Dateis 311/1999.

Draw diagonal a line with penandink in unused portion of form. 2. Pursuant this mutualagreement, purchaser to the hereby agrees cut andremove to timberin strict accordance all andsingular the termsand with .7 ~f~, provisions .,the aforesaid of, contract herein as modified. " IN WITNESS ,WHEREOF, parties heretohaveexecuted the this modificationof contract as of the 1/ 19~ day

UNITED STATESOF AMERICA "
BY ~ ~JO~ ~" "~J(JJV~ (Signature approving of offiicer) ContrectlncJ officer (Title)

(Name Witness) of ..,~Purchasar) (Address) "~

(Purchaser)

(Name witness) of

(Business Address)

(Address) , certify that I am the Secretaryof the corporationnamed Purchaser as herein; that

(Business Address)

whosignedthis contract on behalf of Purchasar, then was of said corporation; that said contractwas duly signed andin behalfof said corporation authorityof ;ts.~'~veming for by body, is within the and

1/ The date approvingForest officer signs this form.

-

~The signaturesandaddress twowi~esaea requiredif sale is to other thon a corporation. of are If contractingparty is a co-partnership, signaturesshouldbe: XYZ the Company, JohnDoe.a member the by of firm. If contractingparty is a corporation,formof signatureshouldbe: XYZ Company, JohnDoe.President by (or other officer or agent)andthe seatof the corporation mustbeimpressed indicated. ot 41 Thecertificate must completed the purchaser a corporation. be if is 5/ If the corporation nocorporate that fact shall be stated,in which has seat case scroll or adhesive a seal shall follow the corporate name. 6/ Delete heretofore "as modified" not applicable. if

Case 1:98-cv-00720-GWM

Document 332-9 II II II II li II II II li II II II II II li li I! II II

Filed 04/28/2005

Page 2 of 4

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Case 1:98-cv-00720-GWM

Document 332-9

Filed 04/28/2005

Page 3 of 4

~onoment~.,t~produotSa,e 04 0055~4
AT16- Termination Date, applicable to BTS.2 July 21, 1999. CT4.264#- Periodic PaymentSchedule. (10/91). Purchaser shall makeperiodic payments for stumpage value as follows: Pe, iodic Payment Determination Date March 1, 1999

Amount Initial Additional $35,400.00 N/A

In the event Purchaser has not paid the above indicated amount(s), as stumpagefor volumeremoved, the Periodic Payment DeterminationDate(s), Forest Service shall issue a Bill for Collection for the difference between the required amountand paymentsmadeby purchaser. If payment(s) fall due on a date other than a normalbilling date, the payment date shall be extendedto coincide with the next timber sale statement of accountbilling date. The amountof the periodic payment(s)will be reduced if the payment(s)wouldresult in the purchaser's credit balance for timber charges exceedingthe current contract value~ Onlycash or Effective PurchaserCredit eorrned on this sate or transferred into this contract maybe used for this purpose. Noother form of paymentis acceptable. Such cash will be used to meet subsequent charges on this sale under the terms ofCT4.221- Advanc Deposits. Purchaser Credit used to meet this e obligation cannot be transferred to another sale unless replaced by cash. Periodic PaymentDeterminationDate(s) that have not been reached shall be adjusted whena Contract TermAdjustment under BT8.21or a Market-related Contract TermAddition under CT8.212#is granted. When contract is lengthenedas a result of market-related contract term additions any subsequentPeria odic PaymentDetermination Date(s) shall be delayed one monthfor each monthadded tO the contract's term. Periodic PaymentDetermination Date(s) will not be adjusted whenthe Contract TermExtension is granted under CT8.23.

Case 1:98-cv-00720-GWM Document 332-9 Filed 04/28/2005 Releasefi'om LiabilityStatement :': "

Page 4 of 4

Ai~pendix ._1__ to Contract No. _04-0055642_ Theexecution of the contract extension modificationis contingentuponthe executionof this release statementby the ~Purchaser the UnitedStates. Thetermsand conditionsof this and a~eement fully incorporated into contract no. _04-005564_and ~e supersede any conflicting provisions the contract(e.g., in In consideration for the Ooverranent'smodifiea~on this contract, no. 04-005564 of by changing the termination date in Atg(AT16)- Termination Date and periodic payment deierminationdate(s) in C(CT)4,264 PerioddcPayment Schedule,Parelmseragrees to limit the contractuaIliability of the Government, set forth below. as Purchaser, .Precision Pine & Timber,Ine., hereby releases the Government any and from all liability arising fromthe suspension,modification,or cafieellatlon (in wholeor ~ part) contract no. 04-00556~____order to protect sensitive, threatened,or endangered in species, or for other enviromaaental reasons. In the event the UnitedStates is compel/ed suspend,modify,or cancel (in wholeor in to part) contract no.._04-005564 environmental for reasons, Purchaser, Pr.eeision Pine &Timber, ~ and United States agree that the compensationto the Purchaser shall be limited to the following: ~86÷d~mce 2. ....... In the with event th~ of ~n~e~, a i ~ ....

modification,

3, Inthe event of a eaneellataon (m whole.or m part)cent-of; o~ket e~es; v~ue of felling, bue~g, lopp~g, .... ~us~ ~ch~er Cre~g .' S~a~g, dec~g ~y pr0dfic~ S0 p~Ssed;:bUt not removed ~omSale gzea b~a~e and ofte~ion action, Compemk~on does NOT~clude~e cost of replacement ~b~. Out-of-pocket expenses not include attorney's fees, lost profits, replacement do timber, or anyother anticipatory losses by the Purchaser. Thaundersigned agree to the termsand conditionsof the ReleasefromLiability Statementas set forth aboveand agree that the aboveterms supersede any other compensation and/or liability provisions this contr:a'et. in UNITEDSTATBS: Signature ContractingOfficer Title TWOWITNESSES: Signature N~mae Signat~re Name