Common use of Liability for Loss Clause in Contracts

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by Purchaser, unless Purchaser is prevented from removing such timber for reasons that would qualify for Contract Term Adjustment. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under BT8.33. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly sig- nificantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling removal of timber from Contract Area, but before Scaling, shall be borne by Purchaser, unless Purchaser is prevented from removing such timber for reasons that would qualify for Contractor at Cur- rent Contract Term AdjustmentRates and Required Deposits. Deterioration Deteriora- tion or loss of value of salvage timber is not an unexpected unex- pected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under BT8.33B8.33. In the event Included Timber to which Forest Service Ser- vice holds title is destroyed, Purchaser Contractor will not be obligated obli- gated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately immedi- ately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences differ- ences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser Contractor to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection Sub- section shall not be construed to relieve either party of liability for negligence.

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly sig- nificantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling removal of timber from Contract Area, but before Scaling, shall be borne by Purchaser, unless Purchaser is prevented from removing such timber for reasons that would qualify for Contractor at Cur- rent Contract Term AdjustmentRates and Required Deposits. Deterioration Deteriora- tion or loss of value of salvage timber is not an unexpected unex- pected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under BT8.33. B8.33.‌‌‌‌ In the event Included Timber to which Forest Service Ser- vice holds title is destroyed, Purchaser Contractor will not be obligated obli- gated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately immedi- ately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences differ- ences to become the redetermined rates. rates.‌‌‌‌ There shall be no obligation for Forest Service to supply, or for Purchaser Contractor to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection Sub- section shall not be construed to relieve either party of liability for negligence.negligence.‌

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly signifi- cantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by PurchaserContractor, unless Purchaser Contractor is prevented from removing such timber for reasons that would qualify for Contract Term Adjustment. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Con- tract Term Adjustment or under BT8.33IT.3.3. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser Contractor will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Con- tracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser Contractor to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligencenegli- gence.

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly significant- ly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding hold- ing title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by PurchaserContractor, unless Purchaser Contractor is prevented from removing such timber for reasons that would qualify for Contract Term Adjustment. Deterioration or loss of value of salvage timber xxx- ber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under BT8.33IT.3.3. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser Contractor will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Con- tracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser Contractor to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligencenegli- gence.

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly signif- icantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by PurchaserContractor, unless Purchaser Contractor is prevented from removing such timber for reasons that would qualify for Contract Term Adjustment. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under BT8.33. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser Contractor will not be obligated to remove and pay for such timber. In the event Included Timber Xxx- ber to which Forest Service holds title is damaged, Contracting Con- tracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rede- termined rates. There shall be no obligation for Forest Service to supplysup- ply, or for Purchaser Contractor to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligencenegli- gence.

Liability for Loss. If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses caused by insect or disease after felling of timber shall be borne by Purchaser, unless Purchaser is prevented from removing such timber for reasons that would qualify for Contract Term Adjustment. Deterioration or loss of value of salvage timber is not an unexpected unex- pected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under BT8.33. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser will not be obligated to remove re- move and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.