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

Case 1:98-cv-00720-GWM

Document 332-8

Filed 04/28/2005

Page 1 of 3

HBD

Case 1:98-cv-00720-GWM
HUTCH-B00NDOCKMULTIPRODUCTTIMBER CT4.264# payments - Periodic Payment for stumpage value

Document 332-8
SALE

Filed 04/28/2005

Page 2 of 3

HBD
(i0/91). Purchaser shall / /'/ mak~eriodic It, , Periodic Payment Determination Date

Schedule. as follows:

Amount Initial Additional $165,500 $354,600

June I~;" 1998

In the event Purchaser has not paid the abo~indicatedl ~motu%t(e), as et~npage for volume removed, by the Periodic Payme/~~Determination Date (s), Forest Service shall issue a Bill for Collection for the difference between the required amount and payments made by/Purchaser, " If payment {s) fall due on date other than a normal billing coincide with the next timber~ d~te, the statement payment date shall be extended of account billing date. to

The amount of the periodic p/a~ment(e) will be reduced if the pa~~ent(s) would result in the purchaser's~z~edit balance for timber charges exceeding the .current 0nly this cash contract value/ Purchaser for Credit earned NO on this other sale form or transferred of payment is into

or Effectiv~ may

contract

b/used

this

purpose.

acceptable. Such/~ash will be used to meet subsequent charges on this sale under the terms/6f CT4.221 - Advance Deposits. Purchaser Credit used to meet this obligati~cannot be transferred to another sale unless replaced by cash.

/
Periodic Payment Determination Date(s) that have not been reached shall adjusted w~en a Contract Term Adjustment under BTe.21 or a Market-related Contract~ermAddition under CT8.212# is granted. When a c~ntract is subse~ent Periodic Payment Determination Date(s) shall be delayed one month for e~chmonth added to the contract's term. Periodic Payment Determination Date~s) will not be adjusted when the Contract Term Extension is granted under CT8.23.

Case 1:98-cv-00720-GWM
Appendix

Document 332-8
Timber

Filed 04/28/2005
Sale Contract

Page 3 of 3

001 to Hutch-Boondock

No. 005465

The execution of the contract extension modification is contingent upon the execution of this release s~atement by the Purchaser and the United States. The terms and conditions of this agreement are fully incorporated into connract no. 005465 and supersede any conflicting provisions in the contract (e.g., CT9.5). In consideration for the GoverrEaent's modification of this contract, no. 005465, by changing the terminatio n date in AT16 - Termination Date and periodic payment determination dates in CT4.264 - Periodic Payment Schedule, Purchaser agrees to limit the contractual liability of the Government, as set forth below. Purchaser, Precision Pine & Timber, hereby releases the Government from any and all liability arising from the suspension, modification, or cancellation (in whole or in part) of contract no. 005465 in order to protect sensitive, threatened, or endangered species, or for other environmental reasons. In the event the United States is compelled to suspend, modify, or cancel (in whole or in part) contract no. 005465 for environmental reasons, Purchaser, Pr@cision Pine & Timber, and United States agree that the compensation to the Purchaser shall be limited to the following: I. In the event of suspension, a contract term adjustment out-of-pocket expenses in accordance with the contract. 2. In the event of a modification, a rate redetermination out-of-pocket expenses in accordance with the contract. and

and

3. In the event of a cancellation (in whole or in part), out-of-pocket expenses; value of unused Purchaser Credit; and estimated expenditures for felling, bucking, lopping, skidding, and decking any products so processed, but not removed from Sale Area because of termination action. Compensation does NOT include the cost of replacement timber. Out-of-pocket expenses do not include attorney's replacement timber, or any other anticipatory losses fees, lost profits, by the Purchaser.

The undersigned agree to the terms and conditions of the Release from Liability Statement as set forth above and agree that the above terms supersede any other ccmpensation and/or liability provisions in this contract.