DAMAGE/PENALTY Sample Clauses

DAMAGE/PENALTY. PURCHASER shall protect residual trees to the maximum extent possible. PURCHASER shall fell and pay for undesignated timber unnecessarily damaged by negligence or willfully cut at current contract rates. In addition, CSFS will assess a fixed $15 penalty per tree if mitigation measures are not promptly taken to address these damages. PURCHASER must pay within thirty (30) days of invoice by CSFS. Administering Forester may also assess penalties for damage to soils, improvements, or other elements of the forest stand. Determination of damage is at the sole discretion of the CSFS but typically described as basal damage in excess of 1/3 the circumference of the tree, broken tops and limbs greater than four (4) inches in diameter, unnecessary soil disturbance, and excessive amounts of any of the above. Administering Forester may require utilization of timber damaged through normal operations. The PURCHASER shall conduct all operations in a timely manner and in accordance with the Plan of Operations, attached hereto and incorporated as set forth above, and shall take all necessary precautions to protect the remaining forest stand, soils, and any improvements.