Free Motion for Default Judgment - District Court of Federal Claims - federal

Case 1:87-cv-00435-EGB

Document 28-2

Filed 02/08/2007

Page 1 of 3

APPENDIX TO DEFENDANT'S MOTION FOR DEFAULT JUDGMENT AS TO QUANTUM IN GATEWAY LUMBER CO. v. UNITED STATES, NO. 87-435C

Case 1:87-cv-00435-EGB

Document 28-2

Filed 02/08/2007

Page 2 of 3

~

action by Purchaser, Purchaser shall have SO practicable operating days during Norma! Operating Season to do SO, except under emergency conditions when action should not be delayed to prevent major damage. (b) If such breach does not require on-the-ground action by Purchaser, such breach shall be remedied within 30 calendar days. B9.4 FAilure to Cut. In event of (a) termination for breach or (b) Purchaser's failure to cut designated timber .on portions of Sale Area by Termin.ation date, Forest Service shall appraise remaining Included Timber, unless termination is under B8.22. Such appraisal shall be made with the standard Forest Service method in use at time of termination. Damages due the United States for Purchaser's failure to cut and remove such timber' meeting Utilization Standards shall be the amount by whleh Current Contract Value plus the cost of resale, less any effective Purchaser Credit remaining at time of termination, exceeds the resale value at new Bid Rates. If there is no resale, damages due sha!l be determined by subtracting the value established by said appraisal from the difference between Current Contract Value and Effective Purchaser Credit.

If Purchaser has failed to cut individual trees in %/~e poWaions of Sale Area cutover and there' is no resale of such individual trees, Purchaser shall pay Forest Service for eost of felling and removal or otherwise eliminating such uncut trees in addition to payment of damages described above, except for trees not cut for reasons stated in B6.4. B9.5 Settlement. If obligations of Put'baser have not been fully discharged by Termination Date, any money advanced or deposited hereunder shall be retained to be applied toward unfulfilled obligations of Purchaser without prejudice to any other rights or remedies of Forest Service. Such funds may be treated as cooperative .deposits under B4.225 for uncompleted work S0 calendar days after receipt of ~ritten notice from Forest Service to Purchaser of work to be done and Purchaser's failure to deny the obligation or to do the work. B9.6 Contract Closure. The Forest Service officer signing this contract, his successor or superior officer shall give appropriate written notice to Purchaser when Purchaser has complied with the terms of this contract. Purchaser shall be paid refunds due from Timber Sale Account under B4.24 and excess cooperative deposits under B4.225.

DIVISION C
Special Provisions In accordance with A23, the Sections, Subsections, and Items therein listed are a~ached and made a part hereof. This material is indexed by the numbering system used in DivisionB. The numbers after the C (which identifies material in this Division) indicate the Part, Section, Subsection, or Item of Division B, which is being supplemented or modified by each particular provision included in this Division.

¯ ~,U.S. Government Printing Office: 1973 0--517-270

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12/19,°05Case 1:87-cv-00435-EGB ~[ON 13:3~ FAX 3609562330 0LYHFIC Filed Document 28-2 NF.SO

02/08/2007

Page 3 of 3

~003

¯ ~ALE NAH£: ELDRED CRIEER

APPRAISALSUHHARY ..... SUMMARY I::HECIKE~ BY: .~.~.~~~.

[)ATE: 0~,/24/~6

SPECIFIED Rb CONST (rifLES) .0 RECON~TRUCTI~ PRODUCT= ~ AF'F'I~A I SED l'[l~ EUE~'E TT HAUL ~S}C D~TA

................................................... C~F:D TYPE

33.48 33.4~ 33.40 26.~5 51,,~8 51.58 51.58 36.63 0.~3 ' 0.33 0.33 0.00

...... ----~.0--~ ......

01. 0--0.~ .......................

J._ A ............

00_(.

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