Reserved Timber Clause Samples

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Reserved Timber. Reserved timber is that timber including trees, snags, and logs on the timber sale area, which is not sold to PURCHASER. The following is reserved timber and shall not be damaged, cut, or removed by PURCHASER, unless otherwise approved in writing by STATE. Failure to leave the required reserved timber shall be handled as described under Damages below. At least 5 logs per acre, of which 50 percent or more must be conifer, 16 feet in length, and having a diameter of at least 12 inches measured at the large end, to be selected by PURCHASER. Trees or logs shall be well distributed across the timber sale area. All snags unless determined to be a fire or safety hazard. Felled snags shall not be yarded or removed. Trees and snags marked "W" with red paint. All western red cedar shall be reserved from cutting unless determined to be a fire or safety hazard by STATE, except those within rights-of-way, skid trails and roads, skyline cable corridors, and landings. As directed by STATE, PURCHASER shall leave acceptable substitute trees or snags for trees or snags which must be cut. Substitution of trees or snags without approval by STATE is prohibited. Trees posted with "Timber Sale Boundary" signs are reserved from cutting. Damages PURCHASER shall be exclusively responsible for any damage to, or removal of, reserved timber. If damage to reserved timber occurs and is determined unavoidable by STATE, no charge will be made for damage. If PURCHASER's activities result in avoidable damage to reserved timber as determined by STATE, PURCHASER shall pay for such damage at the following rates: (a) Single the contract value shall be paid when: (1) Minor damage" to reserved timber occurs during the course of normal logging. Minor damage is defined as bark removed down to the cambium layer of a tree, such removal affecting at least 24 square inches, but less than damage defined as "major damage." (2) Trees must be cut in order to facilitate operations, or for safety around landings, as approved in writing by STATE. (b) Double the contract value or $50, whichever is greater, shall be paid when: (1) Major damage" to reserved timber is caused by operations of PURCHASER. Major damage is defined as follows: Bark removed down to the cambium layer over an area of the bole which has one dimension (height or circumference) greater than the diameter of the tree, or any visible bark removal on the tree roots. (2) More than 50 percent of live crown is removed. (3) Tree is knocked down, or ...
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Reserved Timber. Reserved timber is that timber including trees, snags, and logs on the timber sale area, which is not sold to PURCHASER. The following is reserved timber and shall not be damaged, cut, or removed by PURCHASER, unless otherwise approved in writing by STATE. Failure to leave the required reserved timber shall be handled as described under Damages below. Down trees and logs. Trees other than ▇▇▇▇▇▇▇-fir except those within rights-of-way, skid roads, cable corridors, waste areas, and landings. All snags unless determined to be a fire or safety hazard. Felled snags shall not be yarded or removed. Felled snags shall not be yarded. Trees less than 21 inches DBH or greater than 31 inches DBH, except those within rights-of-way, skid roads, cable corridor, waste areas, and landings within Areas I and II. Bearing (witness) trees. Trees with limbs greater than 5 inches in diameter. Trees required to meet the residual tree requirements in the section titled, "Thinning Specifications." Boundary Trees Trees posted with "Timber Sale Boundary" signs are reserved from cutting. PURCHASER shall be exclusively responsible for any damage to, or removal of, reserved timber. If damage to reserved timber occurs and is determined unavoidable by STATE, no charge will be made for damage. If PURCHASER's activities result in avoidable damage to reserved timber as determined by STATE, PURCHASER shall pay for such damage at the following rates: (a) Single the contract value shall be paid when: (1) Minor damage" to reserved timber occurs during the course of normal logging. Minor damage is defined as bark removed down to the cambium layer of a tree, such removal affecting at least 24 square inches, but less than damage defined as "major damage." (2) Trees must be cut in order to facilitate operations, or for safety around landings, as approved in writing by STATE. (b) Double the contract value or $50, whichever is greater, shall be paid when: (1) Major damage" to reserved timber is caused by operations of PURCHASER. Major damage is defined as follows: (A) Bark removed down to the cambium layer over an area of the bole which has one dimension (height or circumference) greater than the diameter of the tree, or any visible bark removal on the tree roots. (B) Residual basal area on any acre is less than the minimum specifications in the section titled, "Thinning Specifications." (2) More than 50 percent of live crown is removed. (3) Tree is knocked down, or leaning more than 10 degrees from v...
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Reserved Timber. Reserved timber is that timber including trees, snags, and logs on the timber sale area, which is not sold to PURCHASER. The following is reserved timber and shall not be damaged, cut, or removed by PURCHASER, unless otherwise approved in writing by STATE. Failure to leave the required reserved timber shall be handled as described under Damages below.
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Reserved Timber. Plum Creek and its Affiliates, agents, contractors and assigns shall have the right to continue to conduct ongoing timber harvesting and post-harvest clean-up operations on the Timberlands until Closing on the timber stands and on the terms described on Exhibit J (“Reserved Timber”). Harvesting and post-harvest clean-up operations on the tracts containing Reserved Timber will be conducted consistent with the industry standards in the region and with Plum Creek’s standards on other similarly situated tracts harvested on behalf of Plum Creek. The Company acknowledges and agrees that Plum Creek, its Affiliates, agents and contractors, may enter and exit the Timberlands following Closing as reasonably necessary to complete all harvest and post-harvest clean-up operations on the tracts containing Reserved Timber and remove logs and other forest products that have been decked or stacked on the Timberlands for removal. Plum Creek will enter into a Temporary Timber Reservation and License Agreement in the form attached Exhibit J with Contribution LLC or Sale LLC, as applicable, as of the Contribution Date documenting the same.
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Reserved Timber. Buyer shall have the unrestricted right to sever and remove the Reserved Timber without paying Seller therefor. Buyer's logging operations with respect to the Reserved Timber shall be performed pursuant to the provisions of Article V of this Agreement governing logging operations associated with the Timber.
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Reserved Timber. Reserved timber is that timber including trees, snags, and logs on the timber sale area, which is not sold to PURCHASER. The following is reserved timber and shall not be damaged, cut, or removed by PURCHASER, unless otherwise approved in writing by STATE. Failure to leave the required reserved timber shall be handled as described under Damages below. Down trees and logs. At least 3 trees or logs per acre, of which 50 percent or more must be conifer, and containing a minimum of 10 cubic feet of volume and no shorter than 16 feet in length, and having a diameter of at least 12 inches measured at the large end, to be selected by PURCHASER. Trees or logs shall be well distributed across the timber sale area. Trees other than ▇▇▇▇▇▇▇-fir and red alder, except those within rights-of-way, skid roads, cable corridors, waste areas, and landings. All snags unless determined to be a fire or safety hazard. Felled snags shall not be yarded or removed. Trees and snags within the Green Tree Retention Areas shown on Exhibit A. Bearing (witness) trees. Trees posted with "Timber Sale Boundary" signs are reserved from cutting. Damages PURCHASER shall be exclusively responsible for any damage to, or removal of, reserved timber. If damage to reserved timber occurs and is determined unavoidable by STATE, no charge will be made for damage. If PURCHASER's activities result in avoidable damage to reserved timber as determined by STATE, PURCHASER shall pay for such damage at the following rates: (a) Single the contract value shall be paid when: (1) Minor damage" to reserved timber occurs during the course of normal logging. Minor damage is defined as bark removed down to the cambium layer of a tree, such removal affecting at least 24 square inches, but less than damage defined as "major damage." (2) Trees must be cut in order to facilitate operations, or for safety around landings, as approved in writing by STATE. (b) Double the contract value or $50, whichever is greater, shall be paid when: (1) Major damage" to reserved timber is caused by operations of PURCHASER. Major damage is defined as follows: Bark removed down to the cambium layer over an area of the bole which has one dimension (height or circumference) greater than the diameter of the tree, or any visible bark removal on the tree roots. (2) More than 50 percent of live crown is removed. (3) Tree is knocked down, or leaning more than 10 degrees from vertical. (c) Treble the contract value or $100, whichever is greater, s...
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