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

Case 1:98-cv-00720-GWM

Document 332-4

Filed 04/28/2005

Page 1 of 2

P.O. 70 HEBER, ARIZONA85928 (602) 535-9112¯ FAX(602) 535-9196 .0o D,, %W~,Vt 4.1 ,~LO,,~ AZ 86047 .

Case 1:98-cv-00720-GWM from L.ab_..ty Statement 04/28/2005 Filed Release Document 332-4
Ap. ix__ to Contract No.

Page 2 of 2

The execuKion of the contract exnens$on 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. ~7~5"77 and supersede any conflicting provisions in the contract (e.g., C(CT)9.5). In consideration for the Government's modification of this contract, no. by changln s the termination date in ~ - Termination Date and periodic payment determination date(s) in g(CT)4.264 - Periodic. pawment Schedule, Purchaser agrees to lim/t the contractual liability of the Government, as set forth below.

~,~77 ,

and all liability arising from the suspension, modification, or cancellation (in wholm or in part) of co=tract no, ~WS77in order to proteSt sensitive, threatened, or endangered species, or for other environmental

In the event the United States is compelled to suspend~ modify, or c~ncel (in whole o-5~in Dart),qo~tract no. ~77 for environ~en~l reasons, co~mensat£on to the ~urchaser s~ll be l~mlted to the follow£ns: I. In the even~ of suspension, a conuract term adjustment and out-of-pocket expanses in accordance with the contract° 2. In the event of a modification, a rate rede~ermination and out-of-pocket exp. enses in accordance wi~h the contract. 3. In the event of a cancellation (in whole or in part), out-of-pocket expenses; value of ~nused Purchaser Credit; and estimated expenditures fe~ling, bucking, lopping, skidding, and decking any products so processed, b~t not removed from S~le ~mea because of termination action. Compensation does ~oT include the cost of replacement ti~ber. Out-of-pocket exg. enses do not include attorney's fees, lost profits, replacement titter, or any other ant~czpatory losses by ~he Purchaser. " ' The undersi.c~aed agree to the terms and conditions of the Release from Li~bility Statement as set foz~ch above and agree that the above terms supersede any other compensation and/or liability provisions in ~hi,s contract.

.

/~itle

,