Common use of Utilization Scale Clause in Contracts

Utilization Scale. STATE shall scale logs or portions of logs that are broken, wasted, or not removed by PURCHASER due to: (1) improper felling or bucking of the logs; (2) failure to remove the logs prior to deterioration; and (3) logs remaining on the timber sale area after completion of logging, provided the logs were merchantable prior to breakage or wastage. Material used to meet down material requirements in the section titled, "Reserved Timber," shall not be considered for utilization scale. PURCHASER shall pay for the logs at the contract price designated in Section 44. STATE shall notify PURCHASER of the volume of logs so scaled. Payment shall be considered due on such volume as if the logs were removed on the date of said notification. In the event PURCHASER disagrees with the findings made by STATE under this section, PURCHASER may furnish scaling by a third-party scaling organization acceptable to STATE. Costs and expenses of such third party shall be paid for by PURCHASER, and the findings of the third party shall be final.

Utilization Scale. STATE shall scale logs or portions of logs that are broken, wasted, or not removed by PURCHASER due to: (1) improper felling or bucking of the logs; (2) failure to remove the logs prior to deterioration; and (3) logs remaining on the timber sale area after completion of logging, provided the logs were merchantable prior to breakage or wastage. Material used to meet down material requirements in the section titled, "Reserved Timber," shall not be considered for utilization scale. PURCHASER shall pay for the logs at the contract price designated in Section 44. STATE shall notify PURCHASER of the volume of logs so scaled. Payment shall be considered due on such volume as if the logs were removed on the date of said notification. In the event PURCHASER disagrees with the findings made by STATE under this section, PURCHASER may furnish scaling by a third-party scaling organization acceptable to STATE. Costs and expenses of such third party shall be paid for by PURCHASER, and the findings of the third party shall be final. ALL UNUSED HARDWOODS WHICH ARE FELLED AND NOT REMOVED BY PURCHASER SHALL BE Y.U.M. YARDED PRIOR TO THE COMPLETION OF THE CONTRACT AND DECKED AT LOCATIONS IN A MANNER ACCEPTABLE TO STATE.