Common use of Timber Harvesting Clause in Contracts

Timber Harvesting. Subject to any amendment to the Harvest Plan, NPNS shall harvest (i.e., cut and remove) within each Harvesting Year all Qualifying Stumpage located on the Actual Designated Tracts for such Harvesting Year, or such smaller volume of Qualifying Stumpage as mutually agreed upon by Neenah and NPNS in writing, subject to the occurrence of a Force Majeure Event. NPNS may identify in writing to Neenah prior to harvesting activities predominately hardwood stands or Tracts that contain in excess of 50% hardwood stands within any of the Actual Designated Tracts and “walk around” such stands. All harvesting operations shall be conducted in accordance with all Applicable Laws, in a manner consistent with established industry logging practices or as necessary for the Timberlands to maintain SFI® Certification. Upon severance of any portion of the Timber on the Timberlands by NPNS or its logging contractors, risk of loss, title to and ownership of such Timber shall pass to NPNS. NPNS shall repair all fences or structures damaged by its harvesting operations and shall leave all roads, fire breaks, property lines, lakes, streams, and drainage ditches clear of logs, timber, limbs or other debris deposited there as a result of NPNS’s operations (as opposed to third party actions or naturally occurring events). All oil drums, cans, bottles, cartons, delimbing bars, loading decks, abandoned equipment and other debris resulting from NPNS’ operations shall be removed from the applicable portions of the Timberlands upon completion of the harvesting operations at NPNS’s expense in accordance with Applicable Laws. NPNS shall not bury any material underground or discharge, release or otherwise cause the Timberlands or any portion thereof to be affected by hazardous wastes or hazardous substances. NPNS shall use normal and customary care while conducting its harvesting operations so as not to materially damage the Timberlands. NPNS acknowledges that under SFI Standards a higher degree of care is required when the site is abnormally wet and that such circumstances may require NPNS to alter harvesting activities to accommodate the ground conditions; however, NPNS shall not be liable for any damage to the Timberlands caused by anyone other than NPNS or NPNS’s contractors engaged in harvesting, trucking or road construction on the portion of the Timberlands impacted by such damage. In addition, Neenah shall retain all Carbon Credits related to or in any way associated with the Qualifying Stumpage pursuant to this Agreement. For purposes of this Agreement “Carbon Credits” shall mean any calculable carbon offset or credit that could be generated from the Timberlands as such credits are available through the Chicago Climate Exchange or a similar market for carbon reduction or sequestration.

Timber Harvesting. Subject to any amendment to the Harvest Plan, NPNS Buyer shall harvest (i.e., i.e. cut and remove) within in each Harvesting Year Year, all Qualifying Stumpage located on merchantable Timber as identified in the Harvesting Plan for the Actual Designated Tracts for such Harvesting Year, or such smaller volume of Qualifying Stumpage as mutually agreed upon by Neenah and NPNS in writing, subject to the occurrence of a Force Majeure Event. NPNS may identify in writing to Neenah prior to harvesting activities predominately hardwood stands or Tracts that contain in excess of 50% hardwood stands within any of the Actual Designated Tracts and “walk around” such stands. All Such harvesting operations shall be conducted in accordance with all Applicable Laws, in a manner consistent with established industry logging practices or as necessary for the Timberlands practices, and in compliance with any reasonable additional guidelines which may be established from time to maintain SFI® Certificationtime by Seller. Upon severance of any portion of the Timber on the Timberlands by NPNS or its logging contractors, risk of loss, title to and ownership of such Timber shall pass to NPNS. NPNS Buyer shall repair all fences or structures damaged by its harvesting operations and shall leave all roads, fire breaks, property lines, lakes, streams, and drainage ditches clear of logs, timber, limbs or other debris deposited there as a result of NPNS’s operations (as opposed to third party actions or naturally occurring events)debris. All oil drums, cans, bottles, cartons, delimbing bars, loading decks, abandoned equipment and other debris resulting from NPNS’ Buyer’s operations shall be removed from the applicable portions of the Timberlands upon completion of the harvesting operations at NPNSBuyer’s expense. If repairs are not made or if the debris is not removed and cleared within thirty (30) days after notice from Seller to Buyer, then Seller may undertake such repair or removal for Buyer’s account, and Buyer shall be liable to Seller for any expense incurred in accordance with Applicable Lawsrepairing or removing same. NPNS Buyer shall not not, under any circumstance, bury any material underground or nor discharge, release or otherwise cause the Timberlands or any portion thereof to be affected by hazardous wastes or hazardous substances. NPNS Buyer shall use normal and customary care while conducting its harvesting operations so as not to materially damage the Timberlands. NPNS Buyer acknowledges that under SFI Standards a higher degree of care is required when the site is abnormally wet and that such circumstances may require NPNS Buyer to alter halt all harvesting activities activities. Seller reserves the right to accommodate the ground conditionssuspend Buyer’s harvesting operations when Seller deems site damage will result from continued operations; provided, however, NPNS that in the event of such suspension, Buyer shall not be liable entitled to an extension of the time allotted for any damage its harvesting operations equal to the Timberlands caused by anyone other than NPNS or NPNSnumber of days that the suspension continues. Seller also reserves the right to suspend Buyer’s contractors engaged harvesting operations on an Actual Designated Tract when Seller determines, in harvestingthe exercise of its reasonable discretion, trucking or road construction that Buyer is not conducting harvesting operations on the portion Actual Designated Tract in accordance with the relevant Harvesting Plan. In the event Buyer conducts harvesting operations in violation of the Timberlands impacted by such damage. In additionrelevant Harvesting Plan or outside the scope of the relevant Harvesting Plan, Neenah then Seller shall retain be entitled to pursue all Carbon Credits related to or in any way associated with the Qualifying Stumpage pursuant to this Agreement. For purposes of this Agreement “Carbon Credits” shall mean any calculable carbon offset or credit that could be generated from the Timberlands as such credits are remedies available through the Chicago Climate Exchange or a similar market at law for carbon reduction or sequestrationtimber trespass.

Timber Harvesting. Subject to any amendment to the Harvest Plan, NPNS Buyer shall harvest (i.e., i.e. cut and remove) within in each Harvesting Year Year, all Qualifying Stumpage located on merchantable Timber as identified in the Harvesting Plan for the Actual Designated Tracts for such Harvesting Year, or such smaller volume of Qualifying Stumpage as mutually agreed upon by Neenah and NPNS in writing, subject to the occurrence of a Force Majeure Event. NPNS may identify in writing to Neenah prior to harvesting activities predominately hardwood stands or Tracts that contain in excess of 50% hardwood stands within any of the Actual Designated Tracts and “walk around” such stands. All Such harvesting operations shall be conducted in accordance with all Applicable Laws, in a manner consistent with established industry logging practices or as necessary for the Timberlands practices, and in compliance with any reasonable additional guidelines which may be established from time to maintain SFI® Certificationtime by Seller. Upon severance of any portion of the Timber on the Timberlands by NPNS or its logging contractors, risk of loss, title to and ownership of such Timber shall pass to NPNS. NPNS Buyer shall repair all fences or structures damaged by its harvesting operations and shall leave all roads, fire breaks, property lines, lakes, streams, and drainage ditches perennial and intermittent streams clear of logs, timber, limbs or other debris deposited there as a result of NPNS’s operations (as opposed to third party actions or naturally occurring events)debris. All oil drums, cans, bottles, cartons, delimbing bars, loading decks, abandoned equipment and other debris resulting from NPNS’ Buyer’s operations shall be removed from the applicable portions of the Timberlands upon completion of the harvesting operations at NPNSBuyer’s expense. If repairs are not made or if the debris is not removed and cleared within thirty (30) days after notice from Seller to Buyer, then Seller may undertake such repair or removal for Buyer’s account, and Buyer shall be liable to Seller for any expense incurred in accordance with Applicable Lawsrepairing or removing same. NPNS Buyer shall not not, under any circumstance, bury any material underground or nor discharge, release or otherwise cause the Timberlands or any portion thereof to be affected by hazardous wastes or hazardous substances. NPNS Buyer shall use normal and customary care while conducting its harvesting operations so as not to materially damage the Timberlands. NPNS Buyer acknowledges that under SFI Standards a higher degree of care is required when the site is abnormally wet and that such circumstances may require NPNS Buyer to alter halt all harvesting activities activities. Seller reserves the right to accommodate the ground conditionssuspend Buyer’s harvesting operations when Seller deems site damage will result from continued operations; provided, however, NPNS that in the event of such suspension, Buyer shall not be liable entitled to an extension of the time allotted for any damage its harvesting operations equal to the Timberlands caused by anyone other than NPNS or NPNS’s contractors engaged in harvesting, trucking or road construction on number of days that the portion of the Timberlands impacted by such damage. In addition, Neenah shall retain all Carbon Credits related to or in any way associated with the Qualifying Stumpage pursuant to this Agreement. For purposes of this Agreement “Carbon Credits” shall mean any calculable carbon offset or credit that could be generated from the Timberlands as such credits are available through the Chicago Climate Exchange or a similar market for carbon reduction or sequestration.suspension

Timber Harvesting. Subject to any amendment to the Harvest Plan, NPNS Neenah shall harvest (i.e., cut and remove) within each Harvesting Year all Qualifying Stumpage located on the Actual Designated Tracts for such Harvesting Year, or such smaller volume of Qualifying Stumpage as mutually agreed upon by Neenah and NPNS Seller in writing, subject to the occurrence of a Force Majeure Event. NPNS may identify in writing to Neenah prior to harvesting activities predominately hardwood stands or Tracts that contain in excess of 50% hardwood stands within any of the Actual Designated Tracts and “walk around” such stands. All Such harvesting operations shall be conducted in accordance with all Applicable Laws, in a manner consistent with established industry logging practices and in compliance with all laws, regulations or requirements of the Nova Scotia Department of Natural Resources or as necessary for the Timberlands to maintain SFI® Certification. Upon severance of any portion of the Timber timber on the Timberlands by NPNS Neenah or its logging contractors, risk of loss, title to and ownership of such Timber timber shall pass to NPNSNeenah. NPNS Neenah shall repair all fences or structures damaged by its harvesting operations and shall leave all roads, fire breaks, property lines, lakes, streams, and drainage ditches clear of logs, timber, limbs or other debris deposited there as a result of NPNS’s operations (as opposed to third party actions or naturally occurring events)debris. All oil drums, cans, bottles, cartons, delimbing bars, loading decks, abandoned equipment and other debris resulting from NPNS’ Neenah’s operations shall be removed from the applicable portions of the Timberlands upon completion of the harvesting operations at NPNSNeenah’s expense expense. If repairs are not made or if the debris is not removed and cleared within sixty (60) days after notice from Seller to Neenah, then Neenah shall be deemed in accordance with Applicable Lawsmaterial breach of this Agreement. NPNS Neenah shall not not, under any circumstance, bury any material underground or discharge, release or otherwise cause the Timberlands or any portion thereof to be affected by hazardous wastes or hazardous substances. NPNS Neenah shall use normal and customary care while conducting its harvesting operations so as not to materially damage the Timberlands. NPNS Neenah acknowledges that under SFI Standards a higher degree of care is required when the site is abnormally wet and that such circumstances may require NPNS Neenah to alter harvesting activities to accommodate the ground conditions; however, NPNS Neenah shall not be liable for any damage to the Timberlands caused by anyone other than NPNS Neenah or NPNSNeenah’s contractors engaged in harvesting, trucking or road construction on the portion of the Timberlands impacted by such damage. In addition, Neenah shall retain all Carbon Credits related to or in any way associated with the Qualifying Stumpage pursuant to this Agreement. For purposes of this Agreement “Carbon Credits” shall mean any calculable carbon offset or credit that could be generated from the Timberlands as such credits are available through the Chicago Climate Exchange or a similar market for carbon reduction or sequestration.