Form 2400-005 - Timber Sales Contract Template (Page 7 of 8) in pdf

Other insurance requirements:

Prior to commencement of any work under this Contract and during the period of the Contract, the

Purchaser shall provide proof of insurance coverage required by this Contract on an original Certificate of Insurance,

counter-signed by an insurer licensed to do business in Wisconsin naming the Seller as a Certificate Holder.

d. The Purchaser shall notify the Seller in writing at the Seller's office as indicated in the Contract or

otherwise in writing by the Seller, immediately upon any change in or cancellation of insurance coverage

required by this Contract.

25. NONDISCRIMINATION. (State Contract requirement) In connection with performance of work under this

Contract, the Purchaser agrees not to discriminate against any employee or applicant for employment because of

age, race, religion, color, sex, handicap, physical condition, developmental disability as defined in s. 51.01(5),

Wis. Stats., sexual orientation or national origin. This provision shall include, but not be limited to the

following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or

termination; pay rates or other forms of compensation; and selection for training, including affirmative action to

ensure equal employment opportunities. The Purchaser agrees to post in a conspicuous place available for

employees and applicants for employment, notices to be provided by the Seller setting forth the provisions of

this nondiscrimination clause.

26. AFFIRMATIVE ACTION PLAN. (State Contract requirement) Contracts estimated to be fifty thousand dollars

($50,000) or more require the submission of a written affirmative action plan. Purchasers with a work force of

less than fifty (50) employees are exempted from this requirement.

27. ASSIGNMENT. The Purchaser is precluded from assigning payment and Contract oversight, duties or other

performance requirements of this Contract to another. The Purchaser's direction to or contracting with another

to complete performance required under this Contract does not relieve the Purchaser from the responsibility for

performance required under this Contract or for liability for breach. The Seller reserves the right to prohibit a

particular sub-contractor from performance of this Contract if it is deemed in the Seller’s best interest, as

determined by the Seller based on past performance by the subcontractor on county or state timber sales or civil

or criminal timber theft citations.

28. ENTIRE CONTRACT. This Contract shall constitute the entire agreement of the parties and any previous

communications or agreements are hereby superseded and that no modifications of this Contract or waiver of its

terms and conditions shall be effective unless made in writing and signed by the parties.

29. CONTRACTING PARTIES.

In this Contract, the Seller and the Purchaser include their respective officers, employees, agents, directors,

partners, representatives, successors, heirs, members and servants.

b. If the Purchaser ceases to exist, in fact or by law, the Seller may terminate this Contract without waiving

any remedies available to it and take all action necessary to assure its performance.

30. INSPECTION. The Seller retains for itself the right of ingress and egress to and on the sale area and may

inspect the sale area and trucks hauling forest products from or traveling on the sale area at any time. If the

inspection reveals any violations of this Contract, the Purchaser shall promptly take measures to remedy the

violation. The Seller may terminate the Purchaser's operations upon oral notice to the Purchaser. Upon receipt

of the notice, the Purchaser shall cease operations until the Seller approves resumption of them.

31. The Purchaser has no access or privilege to go upon the Seller's property other than to comply with this Contact

and may not authorize access or use to others except for the sole purpose of performing this Contract.

32. SCALING AND CONVERSION FACTORS.

When peeled cordwood is measured, it is agreed that 12.5% will be added to handpeeled or stroke

delimber/processor peeled volume and 16% to ring debarked volume.

b. The Scribner Decimal C Log Rule shall be used for scaling logs.

Conversion of MBF (thousand board feet) to cords or cords to MBF shall be 2.44 cords per MBF for

softwoods and 2.20 cords per MBF for hardwoods.

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Form 2400-005 - Timber Sales Contract Template Page 7

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