Form 2400-005 - Timber Sales Contract Template Page 3


(5) If the Seller seeks damages for breach of this Contract through court proceedings, and if the Seller
prevails in such proceedings, in whole or in part, then the Purchaser agrees to pay all of the Seller’s
actual and reasonable expenses, including attorneys and expert witness fees.
The Seller agrees to mitigate the damages for breach by offering the timber for resale if it determines
the timber is saleable based upon its volume or quality.
g. A Purchaser deemed by the Seller to be in breach of this Contract may also be considered an irresponsible
bidder and be refused the opportunity to bid upon or obtain future timber sales of the Seller for a period not
to exceed two (2) years from the date of determination of the breach.
6. REMOVAL WITHOUT PAYMENT. Timber or other forest products may not be removed from the sale area
until paid for as provided in this Contract or other guarantees for payment have been made with and to the
satisfaction of the Seller so as to authorize its cutting and removal. Upon removal of timber or other forest
products in violation of this paragraph, the Purchaser agrees to pay as liquidated damages double the mill value
of the timber removed, and in addition to pursuing its remedies for breach of Contract, the Seller may seek
charges against the Purchaser for Timber Theft, Theft, Criminal Damage to Property, or a violation of
administrative rule or ordinance.
7. TITLE TO TIMBER. Title to timber cut under this Contract shall remain with the Seller until payment as
required in this Contract is received by the Seller or written authorization to cut or remove the timber or forest
products has been given by the Seller. The Seller shall bear the risk of loss or damage to the timber until
payment to the Seller for the timber or authorization to cut or remove the Timber has been granted by the Seller,
or damage is caused by the Purchaser or the Purchaser's agents or employees.
The Purchaser agrees to pay payments for timber removed under this Contract in the amount and in
accordance with the payment schedule and its conditions which is attached to and made a part of this
Contract. Payment shall be in the form acceptable to the Seller.
b. The volume of timber indicated in this Contract or other appraisal or cruise documents of the Seller are
estimates. The Seller gives no warranty or guarantee respecting the quantity, quality or volume of marked
or otherwise designated timber or forest products on the sale area.
("DBH" represents the diameter of the timber 4.5 feet above the ground):
11. WASTE. The Purchaser agrees to complete all operations and performance as described in this Contract
without waste or nuisance on the sale area or any other property of the Seller and use all reasonable care not to
damage trees not designated or marked for cutting. Young growth bent or held down by felled trees shall be
promptly released.
12. STUMP HEIGHT; TOPS. The maximum stump height may not exceed the stump diameter; except for stumps
of a diameter of less than 10 inches, the height of the stump may not exceed 10 inches. Title to tops shall
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