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

Case 1:98-cv-00720-GWM

Document 332-7

Filed 04/28/2005

Page 1 of 2

ForestService AGREEMENT HCOIFYCONTRACT TO (Timber SaLe)(Ref. 2430) FSH

Contract No. BRANH 02-006577 Lorln D. Porter,

I. It is mutuallyagreedthat the above designated ti~er sale contract,signedby

President, PrecisionPine and Ti~er, Inc. , P 0 Box 70 Heber, AZ 95928 hereinafter of called the purchaserand by. David P. Harris , ContractinB Officer (Name) (Title) of the 29th day of September, 1994 for the UnitedStatesof America as be modifiedas follows:

I.. Re,)laceC[aLtseCT4.264#with revisedversion of sa~. Revised dates for the '~dditional,, periodic

accordance with aLL and singular the term and provlsions of the aforesaid IN gITNE~gEEREOF, the parties hereto have executed this modification day of /'~//~'V 190v7

contract as herein modified. of contract as of the 1/ ¯

(gignature approving of officer)''

(Title)

(N~meof witness} ~ PRECISION PINE g TIMBEErINC. (Address) P 0 BOX 70 (Name of witness) HEBEE AZ 85928 (Address) ~ PURCHASER Purchaser's iBusines s IAddress

I, 4/ ~--~ , certify that I am the Secretaryof the corporation namedas purchaser herein;that who signedthis contracton behalfof the purchaser, was then . of said corporation; that said contractwas duly signedfor and in behalfof said corporation authoritycf its by governing body, and is withinthe scopeof its corporate powers.

1/ The date approving Forest offLcer signs this form. 2/ The signatures and addresses two witnesses of are requiredif sale is to other than a color,rich. 3/ If contracting party is a co-partnership, signatures the shouldbe: XYZ Company,by John Doe, a me~oer of the firm. If contracting party is a corporation, form of signatureshouldbe: XYZ Company,by John Doe, President(or other officeror agent)and the seal of the corporation must beimpressed indicated. or 4/ The certificate must be completedif this purchaseris a corporation. 5/ If the corporation has no corporateseat that fact shali be stated, in which case a scroLLor adhesiveseal shallfollowthe corporate name. 6/ Delete"as heretofore modified" not appLicabLe. if

Case 1:98-cv-00720-GWM

Document 332-7

Filed 04/28/2005

Page 2 of 2

R~ease from Liability Statement Appendix _i_ to Contract No. 006577 The execution of ~he contract extension modification is contingent upon the execution of this release statement by the Purchaser and the United States. The terms and conditions of this agreement are fully incorporated into contract no. _006577__ contract (e.g., C(CT)9.5). and supersede any conflicting provisions in the

In consideration for the Government's modification of this contract, no. _006577__, by changing the termination date in ~ - Termination Date and periodic payment determination date(s) in C(CT)4.264 - Periodic Payment Schedule, Purchaser agrees to limit the contractual liability of the Government, as set forth below. Purchaser, Precision Pine & Timber r Inc. hereby releases the Government from any and all liability arising from the suspension, modification, or cancellation (in whole or in part) of contract no. _006577 in order protect sensitive, threatene~, or endangered species, or f~-r other environmental reasons. In the event the United States is compelled to suspend, modify, or cancel (in whole or in part) contract no. 006577 for environmental reasons, Purchaser, Precision Pine & Timber, Inc. , 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 fees, lost profits, replacement timber, or any other anticipatory losses by the Purchaser. The undersigned agree to the terms and conditions Liability Statement as set forth above and agree supersede any other compensation and/or liability UNITED STATE~ : PURCHASER: ~ of the Release from that the above terms provisions in this contract.

Signature Contracting

natur~ Officer

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Date

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Address

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