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

Case 1:98-cv-00720-GWM

Document 332-11

Filed S-K 04/28/2005 .,2=,.

Page 1 of 2

Forest etvice S

AGREEMENT

TO MODIFY

CONTRACT

(Timber Sale) (FSM 2430) 1. It is mutually agreed the above that designated timber sale contract,signed by PRESIDENT. PRECISION & TIMBER, PINE INC. of DAVID HARRIS P. (Name) of the 29T~Hday of SEPTEMBER, 1994 HEBER AZ

t

FS-2400-9 (3/69) Contract No. 01-006585 Sagthaw-Kennedy T.S.

LORIND. PORTER

., herinafter calledthe purchaser by and for lie United Statesof America, as

CONTRACTING OFFICER 6/asherelofore modified, modified follows: be as

Revised Termination in AT16 read; April 28, 2000 YearSubstantial Date to (1 OverridingPibfic Interest Extension) Replace CT4.264#- revisedversionof same: with Revised datesfor "lnifial" and"Additional" periodic payments requiredin the contract,

Draw diagonai with pen ink in unused a line and podion form. of 2. Pursuant this mutual to agreement, purchaser the hereby agrees cut andremove to fimberin strict accordance all andsingularthe termsand with provisions the aforesaid of contract hereinmodified. as IN WlTN~S~ WHEREOF, the padJes her~.e~o executed modification contractas of the 1/ have this of

Two ~esses: ~

(S~gnature appro~ng o~ o~icer)

(Name Witness) of (~"V (Purchaser)

(Address)

(Name witness) of

(Business Address)

(Address) , certJ~, I am that the Secretary the corparation of named Purchaser as herein;that

(Bus='nass Address)

who signed this contracton behalfof Purchaser, then was of said co~o~on; said contractwas that duly signed andin behalfof said co~oraSon au~od~ its governing andis v~liin the for by of b~y, scope its co.oratepowers. of

1/ ~e dateapproving Forestofficer signs~is fo~. ~ ~e signaturesandaddress ~vowitnesses required~fs~eis li o~er~ana co~ora~on. of are 3/ If contran~ng is a co-pa~ersh~p, signatures pa~ ~e shouldbe: ~. If contrac~ng is a corpo~tion,formof signatureshouldbe: ~ Company, JohnDoe,President pa~ by (or o~ero~ceror agent)and~e seal of ~eco~orat[on beimpressed ~ndicat~d. must or 4I ~e ce~Scate mustbe completed ~e purchaser a co~ora~on. if is 5I If ~eco~orafion no co~o~te ~at fact shall bestated, in which a scroll or adhesive has seal ~e seal shall ~ol~w corporate the name. 6f Delete heretofore as modified net applicable. if

Case 1:98-cv-00720-GWM

Document 332-11

Filed 04/28/2005

Page 2 of 2

Appendix to ContractNo. 01-006585_ ~1

The execution of the contract extension modification is contingent uponthe execution of this release statement by the Purchaser and the United States. Theterms and conditions of this agreement are fully incorporated into contract no. 01-006585and supersede any conflicting provisions in the contract (e.g. CT9.5) In consideration for the Government's modification of this contract, no. 01-006585, by changing the termination date in AT16- Termination Date and periodic paymentdetermination dates in CT~1.264# Periodic Payment Schedule, Purchaser agrees to limit the contractual liability of the Government, set forth below. as Pumhaser, Precision Pine & Timber, Inc., hereby releases the Governmentfrom any and all liability arising from the suspension, modification, or cancellation (in wholeor in part) of contract no. 01-006585 order to protect sensitive, threatened, or endangeredspecies, or for other in environmental reasons. In the event the United States is compelledto suspend, modify, or cancel (in wholeor in part) contract no. 01-006585 for environmental reasons, Purchaser, Precision Pine & Timber, Inc., and United States agree that compensation the Purchaser shall be limited to the following: to 1. In the event of suspension, a contract term adjustment and out-of-pocket expensesin accordancewith the contract. 2. In the event of a modification, a rate redetermination and out-of-pocket expensesin accordancewith the contract. In the event of a cancellation (in wholeor in ~art), out-6f-pocket expenses; value of unused Pumhaser Credit; and estimated expenditures for felling, bucking, lopping, skidding, and decking any products so processed, but not removedfrom the Sale Area because of termination action, Compensation does NOT include the cost of replacement timber. ¯ Out-of-pocket expenses DONOT include attorney's fees, lost profits, replacement timber or any other anticipatory losses by the Purchaser. The undersignedagree to the terms and conditions of the release from Liability Statement as set forth above and agree that the above terms supersede any other compensationand/or liability provisions of this contract. /.J~ITI~.~ ,~T~itES: Signature Contracting Officer Title TWO WITNESSES: Signature Name Address Signature Name Address re - -Date