Final Year Volume Sample Clauses

Final Year Volume. ‌ During the last year for cutting and paying under the contract, the actual volume of timber designated for cutting shall be controlling if less than or more than the minimum volume required in the contract. B6.4 Damaged Timber‌ B6.41 Damage by Purchaser‌ Merchantable timber damaged during Purchaser’s Operations shall be cut and paid for. Undesignated merchantable timber determined by the Officer in Charge to have been damaged during Purchaser’s Operations shall be paid for at Current Contract Rates, or as stated in B4.22 herein, at the discretion of the Approving Officer. Any damaged timber or waste material, which is paid for, shall become the property of Purchaser and may be removed from the logging unit at any time prior to the expiration of the contract at Purchaser’s option and as directed by Officer in Charge. Damage includes but is not limited to any injury to the living crown, bole or roots of a tree. If timber is injured or damaged to the extent that, in the opinion of the Officer in Charge, it will constitute a hazard to residual trees if not removed, or a safety hazard to the public, Purchaser may be required to remove such injured or damaged timber.

Final Year Volume. During the twelve (12) month period immediately prior to the Assignment Date, Home Depot shall have purchased from UIC a minimum total of Non-Vigoro Branded Products of at least the volume specified in Section 5.03(b)(i) of Schedule E (the “Final Year Volume”). Provided that Home Depot’s ability to achieve the Final Year Volume has been materially impaired by any of the following occurrences, the Final Year Volume shall be reduced by a reasonable amount mutually agreed to by the parties in good faith to account for: (A) returns of defective Products not replaced by UIC; (B) any recall of Product mandated by the Consumer Product Safety Commission or the Environmental Protection Agency, or initiated by UIC; (C) the sale by UIC of any Product line that includes Non-Vigoro Branded Products that are, at the time of sale, being sold in Home Depot stores; or (D) UIC’s inability to manufacture or deliver Non-Vigoro Branded Products to Home Depot during such twelve (12) month period.

Final Year Volume. During the last year for cutting and paying under the contract, the actual volume of timber designated for cutting shall be controlling if less than or more than the minimum volume required in the contract.