Timber Harvest Clause Examples

The Timber Harvest clause defines the rights and responsibilities related to the cutting and removal of timber from a specified property. It typically outlines who is authorized to harvest the timber, the methods and timing permitted for harvesting, and any obligations regarding reforestation or environmental protection. By clearly establishing these terms, the clause helps prevent disputes over resource use and ensures that timber harvesting is conducted in a controlled and agreed-upon manner.
POPULAR SAMPLE Copied 1 times
Timber Harvest. There shall be no commercial timber harvest from the Protected Property. Thinning, removing invading cedars or others, further plantings for wildlife?
View Source
Timber Harvest. There shall be no commercial timber harvest from the Protected Property unless deemed necessary by the Grantee for the maintenance of the desired natural area on the Protected Property.
View Source
Timber Harvest. Trees may be harvested and skidded away from the exterior boundary of heritage resources, however, no part of the trees shall intrude into the boundary. 1. Skidding equipment and other machinery shall not transgress onto any portion of the heritage resource during maneuvers prior to, or during, the skidding of logs or other project activities. 2. Trees shall not be felled immediately adjacent to heritage resources if doing so will affect the visual integrity of those properties, if visual integrity may contribute to the importance of the heritage resource.
View Source
Timber Harvest. The paragraph directly under the heading for Section 5 on Page 13 of the Original Option Agreement is hereby amended as follows: A. Throughout the Option Period, and at all times prior to Closing:” New Section 5(B) is hereby added as follows: B. Grantor shall have the right, subject to compliance with the option to purchase set forth in that instrument dated May 24, 1963, recorded in the office of the Clerk of Superior Court of Camden County, Georgia, in Deed Book 66, Page 407, if applicable, at its sole discretion, to conduct a timber harvest (the “Timber Harvest”) on the Property and the Retained Land any time prior to Closing, and Grantor shall have the right to retain all proceeds from any such Timber Harvest.”
View Source
Timber Harvest. Except as disclosed on Exhibit I, to Seller’s Knowledge, there are no outstanding contracts or agreements pursuant to which any party has the right to cut or remove timber from the Timberland Property. Seller has no knowledge of a breach of any outstanding or completed timber harvesting contract or agreement that has resulted in material unrepaired damage to the roads, soils or improvements on the Timberland Property.
View Source
Timber Harvest. The timber harvest area is marked with pink flagging and existing survey markers and blazes. All merchantable trees within the harvest boundary will be cut except those trees marked with Orange Flagging. All trees so marked shall be preserved without damage to the extent possible. The harvested trees shall be cut to the specifications provided by HFI and delivered to the destinations specified by HFI.
View Source
Timber Harvest. ‌ Initial commercial timber harvesting on the Property occurred in the 1920s and 1930s using contemporary methods of the time, including chainsaws to hand fall trees, tractors to yard and skid felled trees, and trucks to transport logs to mill locations. As was typical of that time period, uneven-aged silviculture methods were used to remove individual trees or groups of trees with the highest commercial value. Unmerchantable or submerchantable trees were generally not harvested. Large-scale clearcutting and other even-aged silvicultural practices are not used on the Property. Timber harvesting on the Property in the mid-1990s used selection silviculture. A sanitation salvage harvest was conducted in 2003 to remove dead and dying trees and improve growth of the residual stand. Future timber harvest will be conducted according to the terms of the Easement, SHA, and California Forest Practice Rules. The Easement prohibits the use of even-aged silviculture and specifically requires an increase in average tree diameter following harvesting using a “thin from below” approach, the maintenance of moderate to dense overstory canopy, and the retention of snags, large downed wood, and designated Wildlife Trees. Generally, Wildlife Trees are selected from those available that have high intrinsic value as wildlife habitat. Such trees often show signs of previous use by wildlife and feature cavities, large horizontal limbs, multiple candelabra tops and other structural characteristics.
View Source
Timber Harvest. Logging, timber harvest, or gathering firewood for commercial purposes is prohibited, except as provided in Exhibit C, Paragraph 16 of this Easement.
View Source
Timber Harvest. There shall be no commercial timber harvest from the Protected Property.
View Source

Related to Timber Harvest

  • After Acquired Real Property Upon the acquisition by it or any of its Subsidiaries after the date hereof of any interest (whether fee or leasehold) in any real property (wherever located) (each such interest being a “New Facility”) with a Current Value (as defined below) in excess of $500,000 in the case of a fee interest immediately so notify the Collateral Agent, setting forth with specificity a description of the interest acquired, the location of the real property, any structures or improvements thereon and either an appraisal or such Loan Party’s good-faith estimate of the current value of such real property (for purposes of this Section, the “Current Value”). The Collateral Agent shall notify such Loan Party whether it intends to require a Mortgage (and any other Real Property Deliverables or landlord’s waiver (pursuant to Section 7.01(l) hereof) with respect to such New Facility. Upon receipt of such notice requesting a Mortgage (and any other Real Property Deliverables) or landlord’s waiver, the Person that has acquired such New Facility shall promptly furnish the same to the Collateral Agent. The Borrower shall pay all fees and expenses, including, without limitation, reasonable attorneys’ fees and expenses, and all title insurance charges and premiums, in connection with each Loan Party’s obligations under this Section 7.01(m).

  • Purchaser Can Protect Its Interest Purchaser represents that by reason of its, or of its management’s, business or financial experience, Purchaser has the capacity to protect its own interests in connection with the transactions contemplated in this Agreement, and the Related Agreements. Further, Purchaser is aware of no publication of any advertisement in connection with the transactions contemplated in the Agreement.

  • Contributed Assets In accordance with Section 704(c) of the Code, income, gain, loss and deduction with respect to any property contributed to the Company with an adjusted basis for federal income tax purposes different from the initial Asset Value at which such property was accepted by the Company shall, solely for tax purposes, be allocated among the Members so as to take into account such difference in the manner required by Section 704(c) of the Code and the applicable Regulations.

  • Existence, Properties, Etc (a) The Company shall do, or cause to be done, all things, or proceed with due diligence with any actions or courses of action, that may be reasonably necessary (i) to maintain Company's due organization, valid existence and good standing under the laws of its state of incorporation, and (ii) to preserve and keep in full force and effect all qualifications, licenses and registrations in those jurisdictions in which the failure to do so could have a Material Adverse Effect (as defined below); and (b) the Company shall not do, or cause to be done, any act impairing the Company's corporate power or authority (i) to carry on the Company's business as now conducted, and (ii) to execute or deliver this Agreement or any other document delivered in connection herewith, including, without limitation, any UCC-1 Financing Statements required by the Secured Party to which it is or will be a party, or perform any of its obligations hereunder or thereunder. For purpose of this Agreement, the term "Material Adverse Effect" shall mean any material and adverse affect as determined by Secured Party in its sole discretion, whether individually or in the aggregate, upon (a) the Company's assets, business, operations, properties or condition, financial or otherwise; (b) the Company's to make payment as and when due of all or any part of the Obligations; or (c) the Pledged Property.

  • Operations Prior to the Closing Date (a) Except as set forth in Schedule 7.4 or as contemplated by this Agreement or except with the written approval of Buyer, which Buyer agrees shall not be unreasonably withheld or delayed, Seller shall use its reasonable efforts to operate and shall use its reasonable efforts to cause the Company to carry on the Business only in the ordinary course and substantially as presently operated. Consistent with the foregoing, Seller shall cause the Company to keep and maintain the material assets of the Company in good operating condition and repair and shall use its reasonable best efforts consistent with good business practice to maintain the business organization of the Company intact and preserve the goodwill of the employees, brokers, lenders and others having business relations with the Company. In connection therewith, Seller shall not, and shall not permit the Company to, with respect to any employee of the Company, (i) transfer such employee to Seller or an Affiliate of Seller, (ii) offer such employee employment by Seller or an Affiliate of Seller after the Closing Date or (iii) otherwise attempt to persuade any such employee to terminate his or her relationship with the Company or not to continue employment with the Company after the Closing. (b) In addition, and without limiting Section 7.4(a), except as expressly contemplated by this Agreement or except with the express written approval of Buyer (which Buyer agrees shall not be unreasonably withheld or delayed), Seller shall not, with respect to the Equity Interests, the Company or the Business, and Seller cause the Company not to: (i) amend its articles of incorporation or by-laws (or similar organizational documents); (ii) issue, grant, sell or encumber any shares of its capital stock or other securities, or issue, grant, sell or encumber any security, option, warrant, put, call, subscription or other right of any kind, fixed or contingent, that directly or indirectly calls for the acquisition, issuance, sale, pledge or other disposition of any shares of its capital stock or other securities or make any other changes in the equity capital structure of the Company; (iii) make any change in the Business or the operations of the Company outside the ordinary course of business; (iv) make any capital expenditure or enter into any contract or commitment therefor in excess of $50,000; provided that, in the ordinary course of business consistent with past practice, the Company may originate loans secured by 1-to-4 family residential real estate in an aggregate principal amount not to exceed $2,000,000 per month; provided further that Seller shall not originate any loans secured by real estate on behalf of the Company or transfer any loans secured by real estate to the Company; (v) (A) enter into any Contract which would have been a Company Agreement if in effect on the date hereof, (B) enter into any Contract which would require the consent of a third party in connection with the consummation of the transactions contemplated by this Agreement or (C) modify, amend, terminate or grant any consent or waiver under any Company Agreement or any Contract that would have been a Company Agreement if it were in effect on the date hereof; (vi) sell, lease (as lessor), transfer or otherwise dispose of (including any transfers from the Company to Seller or any of its Affiliates), or mortgage or pledge, or impose or suffer to be imposed any Encumbrance on, any of (A) the Equity Interests or (B) the assets or properties of the Company, other than, in the case of this clause (B), Permitted Encumbrances; (vii) cancel any debts owed to or claims held by the Company (including the settlement of any claims or litigation) other than in the ordinary course of the Business consistent with past practice; (viii) create, incur or assume, or agree to create, incur or assume, any Indebtedness or enter into, as lessee, any capitalized lease obligations (as defined in Statement of Financial Accounting Standards No. 13), other than in the ordinary course of business; (ix) accelerate or delay collection of any notes or accounts receivable in advance of or beyond their regular due dates or the dates involving more than $25,000 when the same would have been collected in the ordinary course of the Business consistent with past practice; (x) delay or accelerate payment of any account payable or other liability of the Company beyond or in advance of its due date or the date involving more than $25,000 when such liability would have been paid in the ordinary course of the Business consistent with past practice; (xi) except as expressly contemplated by Section 7.9, make, or agree to make, any distribution or other disposition of assets (other than cash and cash equivalents) to Seller or any of its Affiliates; (xii) institute any material increase in any profit-sharing, bonus, incentive, deferred compensation, insurance, pension, retirement, medical, hospital, disability, welfare or other employee benefit plan with respect to employees of the Company, except for payments related to stay bonus, transaction completion bonus, severance payments or other similar payments made on or prior to the Closing Date as a result of this Agreement or the transactions contemplated hereby; (xiii) make any material increase in the compensation of the employees of the Company, other than changes made in accordance with normal compensation practices and consistent with past compensation practices; (A) except as required by applicable Requirements of Law, prepare or file any Tax Return inconsistent with past practice or, on any such Tax Return, take any position, make any election, or adopt any method that is inconsistent with positions taken, elections made or methods used in preparing or filing similar Tax Returns in prior periods (including positions, elections or methods that would have the effect of deferring income to periods ending after the Closing Date or accelerating deductions to periods ending on or before the Closing Date), or (B) settle or otherwise compromise any claim related to Taxes, enter into any closing agreement or similar agreement related to Taxes, otherwise settle any dispute relating to Taxes, or request any ruling or similar guidance with respect to Taxes; (xv) make any change in the accounting policies applied in the preparation of the financial statements contained in Schedule 5.4, unless such change is required by GAAP; (xvi) originate, acquire, hold, sell, transfer, securitize or hedge loans secured by real estate; provided that, in the ordinary course of business consistent with past practice, the Company may originate loans secured by 1-to-4 family residential real estate in an aggregate principal amount not to exceed $2,000,000 per month; provided further that Seller shall not originate any loans secured by real estate on behalf of the Company or transfer any loans secured by real estate to the Company; or (xvii) make any material change in internal control over financial reporting, other than any change required by GAAP or any change made by Seller with respect to all of its Controlled Affiliates. (c) The Company shall keep all insurance policies set forth on Schedule 5.22, or suitable replacements therefor, in full force and effect through the Closing Date.