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A Landowner's Guide to Selling Standing Timber - the Ontario ...

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A LANDOWNER’S GUIDE TO SELLING STANDING TIMBER(5) To guarantee that <strong>the</strong> Purchaser and his/her employees shall be allowed space for <strong>the</strong> purpose of log pilingand loading trucks at <strong>the</strong> following location(s):as per <strong>the</strong> attached map,from , 20 <strong>to</strong> , 20 .VI.The Purchaser fur<strong>the</strong>r agrees <strong>to</strong> <strong>the</strong> following:(1) The Forest products sold herein shall be felled and removed from <strong>the</strong> property on or before, 20 (see V. (5)). The Purchaser agrees that any trees, logs, tree <strong>to</strong>ps or o<strong>the</strong>rparts of trees remaining on <strong>the</strong> property after this date become <strong>the</strong> property of <strong>the</strong> Seller.(2) To notify <strong>the</strong> Seller by telephone, or in writing, at least 72 hours before <strong>the</strong> commencement of logging operations.(3) To fell and skid all trees designated for harvest so as <strong>to</strong> minimize damage <strong>to</strong> <strong>the</strong> residual stand and <strong>to</strong> preventunnecessary damage <strong>to</strong> young growth and o<strong>the</strong>r trees not designated for cutting. Whole <strong>to</strong>ps shall not be skidded.(4) To cut trees in such a manner as <strong>to</strong> leave evidence of butt marking (yellow) and so that <strong>the</strong> stump heights arenot higher than <strong>the</strong> diameter of <strong>the</strong> stump, <strong>to</strong> a maximum of 60 cm.(5) To reimburse <strong>the</strong> Seller as liquidated damages and not as a penalty, <strong>the</strong> rate of $for each unmarked tree (not designated) that is felled <strong>to</strong> <strong>the</strong> ground. This shall not be construed as permission<strong>to</strong> cut any tree not designated for cutting.(6) To reimburse <strong>the</strong> Seller as liquidated damages and not as a penalty, for all trees not designated for fellingwhich are unnecessarily damaged due <strong>to</strong> carelessness by <strong>the</strong> Purchaser or his/her employee, as determined by<strong>the</strong> Seller/Seller’s designated agent:(i) At <strong>the</strong> rate of $ for each tree greater than 10 cm but less than 30 cm diameter at <strong>the</strong> stump.(ii) At <strong>the</strong> rate of $for each tree 30 cm or greater in diameter at <strong>the</strong> stump.(7) To repair <strong>to</strong> original condition immediately after logging operations have been completed, all damage caused bylogging <strong>to</strong> roads, trails, fences, culverts, bridges, utilities or o<strong>the</strong>r improvements damaged beyond ordinarywear and tear.30

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