Common use of General Performance Clause in Contracts

General Performance. All wounds that cover greater than 25% of the circumference or greater than 100 square inches of acceptable growing stock trees, sawtimber trees, and crop trees is considered unacceptable. Crown damage that exceeds greater than 25% of the live crown is considered unacceptable. A maximum of two trees with unacceptable damage per acre shall be allowed. Article II. 2.6 will apply for damage over and beyond two trees per acre. The Buyer shall carry out operations in such a manner as to cause the least damage to the remaining trees and improvements. The Timber Sale Administrator may terminate any part OR all of the Buyer's operations if, in the Timber Sale Administrator’s opinion, the operations are detrimental to the forest, land, or watershed or to the best interests of the state of Missouri. The Buyer shall remove from the sale area on a daily basis all litter, trash, metal or other debris resulting from the operation. Buyer shall keep ponds and stream courses within the sale area clear of debris resulting from harvesting operations. When the flow of a natural stream course is diverted as a result of the Buyer's operations, such flow shall be restored to the natural course as soon as practicable and prior to any major runoff event. Modification of any watercourse and all stream crossings must be approved in writing by the Timber Sale Administrator. The Buyer shall not cut, damage, or remove any trees or other markers indicating the ownership boundary of the Seller. The Buyer shall refrain from conducting any operations on any areas maintained by the Seller as a wildlife food plot, pond, Natural Area, Streamside Management Zones (SMZ), or other buffer zones or reserve strips unless specifically authorized in writing by the Timber Sale Administrator. All Best Management Practices shall be followed in accordance with the current Missouri Watershed Protection Practices guide. The Buyer will not dump or dispose of any oil, fluids, hydraulic fluid, brake fluid, transmission fluid, radiator fluid, grease, or any other petroleum products or hazardous materials on the Seller's property. The Buyer is responsible for reporting to appropriate authorities and remediating any accidental spill or equipment leak that occurs on site in accordance with the Missouri Spill Bill, sections 260.500 to 260.550, RSMo. In the event of a hazardous substance emergency, the Buyer is responsible for contacting the Missouri Department of Natural Resources’ 24-hour Environmental Emergency Hotline at 000-000-0000 and/or the National Response Center at 0-000-000-0000 at the earliest practical moment upon discovery of an emergency involving the hazardous substance under their control. Hazardous substance emergencies include, but are not limited to, those situations described in paragraph 3.4.8.1.

Appears in 5 contracts

Samples: Timber Sale Contract, Timber Sale Contract, Timber Sale Contract

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General Performance. All wounds that cover greater than 25% of the circumference or greater than 100 square inches of acceptable growing stock trees, sawtimber saw timber trees, and crop trees is considered unacceptable. Crown damage that exceeds greater than 25% of the live crown is considered unacceptable. A maximum of two trees with unacceptable damage per acre shall be allowed. Article II. 2.6 will apply for damage over and beyond two trees per acre. The Buyer shall carry out operations in such a manner as to cause the least damage to the remaining trees and improvements. The Timber Sale Administrator may terminate any part OR or all of the Buyer's operations if, in the Timber Sale Administrator’s opinion, the operations are detrimental to the forest, land, or watershed or to the best interests of the state of Missouri. The Buyer shall remove from the sale area on a daily basis all litter, trash, metal or other debris resulting from the operation. Buyer shall keep ponds and stream courses within the sale area clear of debris resulting from harvesting logging operations. When the flow of a natural stream course is diverted as a result of the Buyer's operations, such flow shall be restored to the natural course as soon as practicable and prior to any major runoff event. Modification of any watercourse and all stream crossings must be approved in writing by the Timber Sale Administrator. The Buyer shall not cut, damage, or remove any trees or other markers indicating the ownership boundary of the Seller. The Buyer shall refrain from conducting any operations on any areas maintained by the Seller as a wildlife food plot, pond, Natural Area, Streamside Stream Side Management Zones (SMZ), or other buffer zones or reserve strips unless specifically authorized in writing by the Timber Sale Administrator. All Best Management Practices shall be followed in accordance with the current Missouri Watershed Protection Practices guide. The Buyer will not dump or dispose of any oil, fluids, hydraulic fluid, brake fluid, transmission fluid, radiator fluid, grease, or any other petroleum products or hazardous materials on the Seller's property. The Buyer is responsible for reporting to appropriate authorities and remediating any accidental spill or equipment leak that occurs on site in accordance with the Missouri Spill Bill, sections 260.500 to 260.550, RSMo. In the event of a hazardous substance emergency, the Buyer is responsible for contacting the Missouri Department of Natural Resources’ 24-hour Environmental Emergency Hotline at 000-000-0000 and/or the National Response Center at 0-000-000-0000 at the earliest practical moment upon discovery of an emergency involving the hazardous substance under their control. Hazardous substance emergencies include, but are not limited to, those situations described in paragraph 3.4.8.1.the

Appears in 4 contracts

Samples: Timber Sale Contract, Timber Sale Contract, Timber Sale Contract

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