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

Case 1:98-cv-00720-GWM
United States Department of Agriculture

Document 332-3
Kaibab National

Filed 04/28/2005

Page 1 of 2

Forest Service

Forest

800 S. 6th Street ~Villiams, AZ 86046 520/635-8200

File Code: 2450 Date: March 21, 1997

MR. LORIN D. PORTER PRECISION PINE & TIMBER , INC. P.O. BOX70 HEBER., AZ. 85928

Dear Mr. Porter: The Chief has authorized 1 year extensions on certain timber sale contracts that were awarded prior to January 1, 1995. These extensions are not available for contracts that have been previously extended under market-related contract term addition contract provisions or to contracts that were sold with the objective of harvesting deteriorating timber. In addition, the Chief authorized deferral of periodic payments for 1 year on extended sales. To receive the extension and periodic paymentdeferral, purchasers are required to release the Forest Service from damagesfor the replacement cost of timber if the contract is canceled in the future. The _BI~ANN Timber Sale Contract, Contract No. -006577__, is eligible for an extension under this policy. To receive this contract extension you must request it writing. A contract modification will be necessary to modify the termination date in A19[AT16][, the periodic payment determination date(s) in C4.264 (CT4.264)] and to add the Release from Liability Statement. A copy of the Release from Liability Statement is enclosed for your review. Your contract has periodic payment determination dates within 30 days, therefore I axn delaying determination of any amount due and billing until APRIL20, 1997 so that you have adequate time to request ~n extension and consider the contract modification. By this letter I am also cancelling the pending Bill for Collection, number 8183 in the amountof 848,120.62. If you wish to discuss this or have questions, please give me a call at 520-635-8240.

Sincerely,

DAVID P. HARRIS Coutractlng Officer

Enclosure Caring for the Land and Serving People

Case 1:98-cv-00720-GWM
Release

Document 332-3
from Liability

Filed 04/28/2005
Statement

Page 2 of 2

The execution of the 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. 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 changing the termination date in ~ - Termination Date and periodic payment determination date(s) in C(CT)4.264 - Periodic Pavment Schedule, Purchaser agrees to limit the contractual liability of the Government, as set forth below. Purchaser, (Purchaser's name) , hereby releases the Government from any and all liability arising from the suspension, modification, or cancellation (in whole or in part) of contract no. 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. for environmental reasons, Purchaser, (Purchaser's name) , 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 Qith 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 of the Release from Liability Statement as set forth above and agree that the above terms supersede any other compensation and/or liability provisions in this contract. UNITED STATES: PURCHASER:

Signature Contracting

Date officer

Signature Title

Date

TWO WITNESSES: Signature Name Signature Name

Address

Address