download WA Blue Gum Project Product Disclosure Statement 2013

(i)(ii)The Grower shall be entitled to terminatethe Sub-lease if the Landholder is indefault of any obligation under the Subleaseand such default shall havecontinued for a period of one month afterreceipt by the Landholder of written noticefrom the Grower requesting that thedefault be remedied.Summary of Agreement to Sub-lease (ifapplicable)The Agreement to Sub-lease will be betweenWABG and the Grower, or in the case of JointGrowers, the first and the second Joint Grower.(i)(ii)(iii)(iv)The parties undertake to enter into a Subleaseof the Land on or before the StartingDate, which date shall be no later than 30September 2014.WABG will promptly apply for and obtainall approvals from all relevant authoritiesfor the use of the Land for the purposes ofthe Project.The Grower irrevocably authorises WABGto complete the Sub-lease by insertingrelevant details.The parties will obey, and are bound by,all the provisions of the Sub-lease fromthe Starting Date.WABG may assign any of its obligationsunder the Agreement or enter into acontract to sell or transfer its interest inthe Land provided that any assignee orpurchaser agrees to assume theobligations of WABG and the assignee orpurchaser is a respectable and solventperson capable of performing theobligations of WABG under theAgreement.9.5 Summary of Plantation Services Agreement(a)(b)PartiesThe Plantation Services Agreement is betweenthe Project Manager and WACAP Treefarms("Forestry Contractor").Services to be Provided by the ForestryContractor(i)(ii)The Forestry Contractor will perform allthe services in relation to each Plantationin accordance with sound silvicultural andenvironmental practices adopted withinthe forestry industry.The services referred to above include:(A)(B)the Establishment of the Plantation(including the acquisition andplanting of sufficient healthy BlueGum seedlings to achieve theminimum survival rate set out in thePlantation Development and TendingPlan);the tending of the Plantation in aproper and skilful manner inaccordance with the PlantationDevelopment and Tending Plan;(c)Term of the AgreementThe Agreement shall terminate upon the firstto occur of the completion of the Harvest ofthe Plantation or the termination of the HeadLease.9.6 Summary of Wood Purchase Agreement(a)(b)(c)(d)PartiesThe Wood Purchase Agreement is betweeneach several Grower, WABG and W.A. Chip &Pulp Co. Pty Ltd ("the Purchaser").Sale and Purchase of WoodWABG agrees to sell and the Purchaseragrees to purchase all Wood forwoodchipping or by mutual agreement for ahigher yield return subject to the terms andconditions set out in the Agreement.Purchase Price(i)(ii)The Purchase Price for Wood must be afair and reasonable price for each gradeof wood taking into account, inter alia:(A)(B)(C)the price or prices being paid bythe Purchaser for wood of thesame or similar species, quantityand quality in Western Australia;the price or prices being paid byother bona fide wood processorsfor wood of the same or similarspecies, quantity and quality inWestern Australia;relevant information supplied byany party including statistics orindices relevant to wood pricespublished from time to time by theAustralian Bureau of Agriculturaland Resource Economics, theAustralian Bureau of Statistics orany other government authority orindustry body.If WABG does not approve the PurchasePrice and obtains an alternative offer inwriting from a genuine buyer to purchasethat grade of Wood on substantially thesame terms and conditions as the offerfrom the Purchaser but at a higher pricethan the Proposed Purchase Price thenthe Purchaser shall have an option forone month from the date of delivery tothe Purchaser of the alternative offer topurchase the Wood for such higherprice. In certain circumstances WABGmay sell that Wood to another buyer onthe terms and conditions of thealternative offer.Harvesting and Delivery(i)(ii)WABG shall Harvest and Deliver theWood taking due and proper care for thesafe-keeping and handling of the saidWood until it has been Delivered;The Purchaser shall be entitled todeduct from the Purchase Price a feenot exceeding 5% of the value of theWood after deducting harvesting anddelivery costs for planning,