Common use of Timber Roads Clause in Contracts

Timber Roads. NPNS shall construct, or cause to be constructed, at NPNS’s sole cost and expense, haul roads to the Actual Designated Tracts necessary to provide NPNS with proper access to such Actual Designated Tracts for its harvesting operations. Construction of such roads shall be accomplished in a good and workmanlike manner in compliance with the specifications set forth in Exhibit E. Following the construction of said roads and continuing until the completion of harvesting operations on the Actual Designated Tract associated with such roads and the removal of all equipment and vehicles associated with such harvesting operations, NPNS shall at its sole cost and expense maintain and repair said roads. Neenah shall be responsible for all haul roads which are not necessary for NPNS’s harvesting or access to tracts for silviculture, long-term placing or other related harvesting operations, and shall maintain and repair such roads at its sole cost and expense. All such road construction, maintenance and repair shall be performed in a manner so as: (i) not to violate any Applicable Laws; (ii) to maintain SFI® Certification; and (iii) so as not to interfere with NPNS’s operations. Any Timber damaged or destroyed during the course of NPNS’ road construction shall be treated for purpose of this Agreement as if harvested by NPNS as part of harvesting operations on the associated Actual Designated Tract.

Appears in 2 contracts

Sources: Stumpage Agreement (Neenah Paper Inc), Stumpage Agreement (Neenah Paper Inc)

Timber Roads. NPNS Neenah shall construct, or cause to be constructed, at NPNSNeenah’s sole cost and expense, haul roads to the Actual Designated Tracts necessary to provide NPNS Neenah with proper access to such Actual Designated Tracts for its harvesting operations. Neenah will consult with Seller concerning the location and course of any proposed new road, and Seller may request non-material and reasonable modifications to proposed routes or minimum construction standards. The cost of any such non-material modifications requested by Seller shall be borne by Neenah. The cost of any material modification shall by borne equally by Seller and Neenah. Construction of such roads shall be accomplished in a good and workmanlike manner in compliance with the specifications set forth in Exhibit E. Following the construction of said roads and continuing until the completion of harvesting operations on the Actual Designated Tract associated with such roads and the removal of all equipment and vehicles associated with such harvesting operations, NPNS Neenah shall at its sole cost and expense maintain and repair said roads. Neenah shall be responsible for all haul roads which are not necessary for NPNS’s harvesting or access to tracts for silviculture, long-term placing or other related harvesting operations, and shall maintain and repair such roads at its sole cost and expense. All such road construction, maintenance and repair shall be performed in a manner so as: (i) as not to violate any Applicable Laws; (ii) , or with respect to SMZ’s, to maintain compliance with all laws, regulations or requirements of the Nova Scotia Department of Environment and Labor or as necessary for the Timberlands to maintain SFI® Certification; and (iii) so as not to interfere with NPNS’s operations. Any Timber timber damaged or destroyed during the course of NPNS’ Neenah’s road construction shall be treated for purpose of this Agreement as if harvested by NPNS Neenah as part of harvesting operations on the associated Actual Designated Tract.

Appears in 1 contract

Sources: Stumpage Agreement (Neenah Paper Inc)