Borrow Pit Sites and Mineral Material Sales Sample Clauses

Borrow Pit Sites and Mineral Material Sales. ‌ USFS must collect fair market value for mineral materials taken from NFS lands. A USFS mineral material contract is required whenever material is removed from a borrow pit or excess material is removed from the construction site. This contract/permit for a borrow pit is for the excavation, crushing, screening, and removal only. Further processing of the material on NFS/BLM lands such as batch plants will require a separate authorization from USFS or BLM. USFS retains the federal management responsibilities for all mineral materials on NFS lands. The negotiated project schedule must reflect all issues and decisions regarding the disposal or use of mineral resources. Excess mineral materials that are generated during construction activities will be temporarily stockpiled in an area designated by USFS/BLM. Such materials are the property of the United States and the sale or disposal of this material will follow the procedures outlined below. The site and length of time the material may be stored will be designated in the project specifications. The BLM does not require a separate authorization for processing materials onsite. If further processing is required and the proposed activity is to be located on NFS/BLM lands, a permit will be necessary to authorize that activity. Mineral material generated on NFS/BLM lands and used in a public purpose project, such as a highway construction project, is free of charge to FHWA or CDOT. Coordination between USFS and CDOT will be required. A “free use” contract/permit may be required. If required, the “free use” contract/permit may be issued to a designated agent (contractor) of FHWA or CDOT at the discretion of USFS. BLM will not issue a permit to a contractor; the BLM will only issue the Free Use Permit to the appropriate government agency (CDOT). CDOT may contract out the removal of the material, but the contractor may not charge for the minerals. Excess material removed from NFS/BLM lands and sold for commercial purposes, other than for public projects, must be purchased by CDOT or by CDOT’s contractor at Fair Market Value. Fair Market Value may be determined by use of existing USFS value schedule or by separate appraisal at the discretion of CDOT. Appraisals conducted by CDOT or private parties must be reviewed and approved by USFS/BLM specialists. The USFS mineral materials contracts and permits will contain requirements to rehabilitate the used borrow pits. The BLM may require a bond covering the cost of reclam...
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Related to Borrow Pit Sites and Mineral Material Sales

  • Combination Products If a LICENSED PRODUCT , DISCOVERY PRODUCT and/or THERAPEUTIC PROUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT, DISCOVERY PRODUCT and/or THERAPEUTIC PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT, DISCOVERY PRODUCT and/or THERAPEUTIC PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the LICENSED PRODUCT, DISCOVERY PRODUCT and/or THERAPEUTIC PRODUCT components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.

  • Recycled Products The Provider shall procure any recycled products or materials, which are the subject of or are required to carry out this Contract, in accordance with the provisions of sections 403.7065, F.S.

  • Development Records Each Party shall maintain complete, current and accurate records of all Development activities conducted by it hereunder, and all data and other information resulting from such activities. Such records shall fully and properly reflect all work done and results achieved in the performance of the Development activities in good scientific manner appropriate for regulatory and patent purposes. Each Party shall document all non-clinical studies and Clinical Trials in formal written study reports according to Applicable Laws and national and international guidelines (e.g., ICH, cGCP, cGLP, and cGMP).

  • SIGNIFICANT LANDS INVENTORY FINDING Find that this activity is consistent with the use classification designated by the Commission for the land pursuant to Public Resources Code section 6370 et seq.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Net Sales The term “

  • SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.12.1 Shop Drawings are drawings, diagrams, schedules and other, data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.

  • RE-WEIGHING PRODUCT Deliveries are subject to re- weighing at the point of destination by the Authorized User. If shrinkage occurs which exceeds that normally allowable in the trade, the Authorized User shall have the option to require delivery of the difference in quantity or to reduce the payment accordingly. Such option shall be exercised in writing by the Authorized User.

  • Combination Product The term “

  • Licensed Product “Licensed Product” shall mean any article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights. For clarity, a “Licensed Product” shall not include other product or material that (a) is used in combination with Licensed Product, and (b) does not constitute an article, composition, apparatus, substance, chemical material, method, process or service whose manufacture, use, or sale is covered or claimed by a Valid Claim within the Patent Rights.

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