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Page 38 of 42 4/3/24 Agreement No. 2024-02 <br />for loads and scaling and/or weighing information can result in loss to the City. The <br />potential loss from not having proper branding, ticketing, scaling and/or weighing location <br />and accountability is not readily ascertainable. Purchaser's failure to perform results in a <br />loss of log weight and scale accountability, increases the potential for unauthorized removal <br />of forest products, and increases the City’s administration costs, the actual costs of which <br />are difficult to assess. <br /> <br />Enforcement actions for unauthorized removal of forest products for each improperly <br />branded load, improperly ticketed load, lost or unaccounted for tickets, or use of a facility <br />not authorized for this sale or improper submission of scaling data are impractical, <br />expensive, time consuming and are not an adequate remedy. Therefore, Purchaser agrees to <br />pay the City, as liquidated damages, a sum of $100 each time a load of logs does not have <br />branding as required in the Contract, $250 each time a load of logs does not have a load <br />ticket as required by the Contract, $250 each time a load ticket has not been filled out as <br />required by the plan of operations, $250 each time a load is weighed or scaled at a location <br />not approved as required under this Contract, $250 each time a log ticket summary report is <br />not submitted properly, and if a third party Log and Load Reporting Service is required, <br />$250 each time scaling or weight data is not properly submitted to the Log and Load <br />Reporting Service per clause L-071, and $250 each unused ticket that is not returned to the <br />City, for any reason. <br /> <br />D-40 Leave Tree Excessive Damage <br />When Purchaser's operations exceed the damage limits set forth in clause H-012, Leave Tree <br />Damage Definition, the trees damaged result in substantial injury to the City. The value of the <br />damaged leave trees at the time of the breach is not readily ascertainable. Therefore, Purchaser <br />agrees to pay the City as liquidated damages at the rate of $250.00 per tree for all damaged trees in <br />the sale area. <br /> <br /> <br /> <br /> <br /> <br />[Signatures on following page]