Agreement and License for Harvesting Timber

Agreement and License for Harvesting Timber

This Agreement is made and entered into this day by and between

and , hereinafter referred to jointly as the "Seller," and hereinafter referred to as the "Purchaser."

For and in consideration of the sum of Ten and no/100 Dollars and other considerations paid by the said Purchaser, the receipt of which is hereby acknowledged, and do hereby grant, bargain, sell and convey unto the said Purchaser all merchantable timber on their property located in County, State of , and described as follows:

TO HAVE AND TO HOLD the same unto the said Purchaser, his successors and assigns, together with the following described rights, powers, and privileges, and subject to the following conditions, and limitations:

1. The right to enter upon said lands from the execution of the timber deed until , except when extremely wet conditions exist which may result in excessive damage to the roads and residual stand of timber, to cut, haul, handle, manufacture, and remove from said lands the said timber hereby conveyed, together with the products thereof, which shall include all rights of ingress, egress, and regress on, over, and across said lands owned by the said Seller, necessary for said purposes.

2. The right to use all roads over and across said lands, with the right to lay-out, construct bunching areas, and use such other and additional roads as may be necessary in and about the cutting, hauling, manufacturing, and removing of the said trees and timber hereby conveyed, together with all other rights, privileges, and easements which may be useful in exercising the provisions of this contract.

3. The Purchaser, for himself and for his successors and assigns, agrees that in and about the cutting, hauling, handling, manufacturing, and removing of said timber and the products thereof, and in exercising the rights, powers, privileges and immunities granted herein, to do so in accordance with good timber cutting practices, by removing the top and limbs from the main tree bole before it is skidded to a bunching area; and not carelessly to injure or damage the remaining timber; and not to damage the fields, pastures, fences, roads, ditches, bridges, or wildlife food plots; and to remove tops, limbs, debris, and garbage from the property lines, fields, pastures, roads, ditches, and bunching grounds on or over said above-described lands to which the Purchaser has the right of ingress and egress; but, if he, or his successors and assigns, does so, he agrees immediately to repair fences and bridges; remove tops and litter from property lines, fields, pastures, roads, ditches, and bunching grounds; and, upon completion of the cutting, to repair the roads to as good or better conditions as exists prior to the cutting. Furthermore, it is agreed and understood that those roads crossing other landowners and used for removing timber products included in this contract, shall be covered under all of the provisions outlined in this contract.

4. It is understood and agreed and made a part of this contract that all of the rights, powers, and privileges herein given and granted shall terminate and be at the end at midnight on and that all of the trees and timber hereby conveyed, whether standing or fallen, which remain on said lands after said date shall immediately revert to and become the property of the undersigned grantors and their successors in title.

5. The Purchaser agrees to notify the Seller or his representatives, five days prior to entering the property.

6. Upon the execution of this contract, Purchaser has deposited with Seller a Cashier's check in the amount of $ , which check is made payable to . After the expiration of the contract or the release of the rights hereunder and a final inspection of the harvesting made jointly by the Purchaser and the Seller or his agent, if Purchaser shall have complied with all of its obligations under the terms and provisions of this contract, and shall not have caused any damage to the property of the Seller, Seller or his agents shall return said deposit to Purchaser.

However, if Purchaser has caused any unnecessary damage to any property of Seller or has caused any loss, liability, or expense to Seller by reason of any violation of this contract, Seller or his Agent may make a written statement of the amount of such damage, loss, expense or liability, give notice of the same to Purchaser and retain from the proceeds of said check the amount of such statement of damage, loss, expense, or liability. If the aggregate amount of such statement of damage shall be less than the amount of said check, then the remaining balance of the check shall be paid to Purchaser by Seller. If the amount of such statement shall exceed the amount of said check, the Seller may retain all of the proceeds of said check and Purchaser shall pay Seller an amount equal to the excess of said statement. It is understood and agreed that the Purchaser pay to the Seller for any saw timber trees cut that are not sold according to this contract at the rate of $ per M.B.F. (Doyle Scale) for pine saw timber and $ per M.B.F. (Doyle Scale) for hardwood saw timber. It is further understood that the Purchaser pay to the Seller for any pulpwood trees cut that are not sold according to this contract at the rate of $ per cord for pine or hardwood pulpwood.

7. All of Purchaser's operations hereunder shall be at Purchaser's own expense and by means of Purchaser's own selection, and shall be exclusively at the risk and responsibility of Purchaser; and Seller shall have no liability either directly or indirectly on account of Purchaser's operations. Purchaser shall indemnify and hold harmless the Seller against any loss, liability, or expense of any kind incurred on account of personal injury, death, or property damage which may arise (or may be alleged to have arisen) from any operations hereunder by Purchaser or Purchaser's contractors, employees, agents, or representatives attributable to negligence or other fault on the part of the Purchaser or Purchaser's officers, agents, employees, or subcontractors. Purchaser acknowledges that the provisions of this sentence were specifically bargained for between Purchaser and Seller. Purchaser shall pay all severance taxes and all other taxes, licenses, and excises required by law to be paid on account of the timber felling and logging operations hereunder.

And for the same consideration as expressed hereinabove, the said Sellers do hereby covenant with the said Purchaser, his successors and assigns, that they have marketable title in fee simple to the timber and rights and privileges herein granted; that they have a good and lawful right to sell and convey the same; and, that they will warrant and forever defend the title thereto, subject to the conditions and limitations expressed herein.

8. Endangered Species Clause - Purchaser and Seller take cognizance of the Federal Endangered Species Act. 16 U.S.C. Section 1531 et seq., and the regulations appearing at 50 C.F.R. Section 17, which list endangered and threatened fish, wildlife, and plants. Purchaser and Seller agree that should the presence of any threatened or endangered species or evidence of habitation thereof be found on any of the acreage (as is determined by Purchaser in consultation with applicable authorities of agencies), Purchaser shall be compensated or excused from payment as the case may be for the prorated portion of the purchase price which relates to the affected acreage.

Witness our signatures this day of , 20 .

STATE OF

COUNTY OF

Personally appeared before me, the undersigned authority in and for the said County and State, on this day of , 20 , within my jurisdiction, the within-named and , who acknowledged that they executed the above and foregoing instrument.

1 Form of acknowledgment may vary by state.