Common use of Timber Roads Clause in Contracts

Timber Roads. Seller shall construct, or cause to be constructed, at Seller’s sole cost and expense, haul roads (including temporary, winter haul roads (“Winter Roads”) when appropriate) to the Actual Designated Tracts necessary to provide Buyer in a timely manner 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 all Applicable Laws so that Buyer is provided with effective and functional access to all Actual Designated Tracts for its logging practices. Following the construction of said roads, Buyer shall at its sole cost and expense maintain and repair said roads for so long as it is harvesting on the relevant Actual Designated Tracts. Upon Seller’s delivery of the Harvesting Plan to Buyer, one or more representatives of Buyer shall review the construction of the Winter Roads and negotiate in good faith with one or more representatives of Seller to determine whether said Winter Roads are sufficient for the Buyer’s intended use and, only upon such agreement being reached, Buyer shall retain responsibility for the cost of maintaining and repairing said Winter Roads. If the parties are unable to reach agreement with respect to the sufficiency of said Winter Roads, the dispute shall be settled in accordance with Section 10 of this Agreement. Upon completion of harvesting on the relevant Actual Designated Tracts, Buyer shall leave such roads in a condition equal to or better than their condition prior to the start of the operation. All such road maintenance and repair shall be performed in a manner so as not to violate any Applicable Laws, or with respect to SMZ’s, so as to comply with best management practices sanctioned by the State of Ohio.