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Page 7 of 42 4/3/24 Agreement No. 2024-02 <br />c. Provisions and requirements of the ITP shall be clearly presented and <br />explained to Purchaser by Contract Administrator during the Pre-Work <br />Conference as per Contract clause G-330. All applicable provisions of the <br />ITP and this schedule must be presented and clearly explained by Purchaser to <br />all authorized officers, employees, contractors, or agents of Purchaser <br />conducting authorized activities in the timber sale area. Any questions <br />Purchaser may have about the ITP should be directed to the Contract <br />Administrator. <br /> <br />G-64 Permits <br /> <br />Purchaser is responsible for obtaining any permits not already obtained by the City that <br />relate to Purchaser's operation. Forest Practice Application / Hydraulic Project <br />Approval permits obtained by the City shall be transferred to Purchaser. Approved <br />Forest Practice Applications include #2819244. Purchaser is responsible for all <br />permits, amendments and renewals and ensuring all FPHP work under this Contract is <br />completed. <br /> <br />G-65 Disclaimer of Regulatory Actions <br /> <br />The City disclaims any responsibility for, or liability relating to, regulatory actions by any <br />government agency, including actions pursuant to the Forest Practices Act, Ch. 76.09 RCW <br />that may affect the operability of the timber sale. <br /> <br />G-66 Governmental Regulatory Actions <br /> <br />a. Risk <br /> <br />Purchaser shall be responsible for any increased operating costs arising from any <br />applicable foreign or domestic governmental regulation or order that does not cause <br />Contract performance to become commercially impracticable or that does not <br />substantially frustrate the purpose of the Contract. If impracticability or frustration <br />results from Purchaser's failure to comply with this Contract, Purchaser shall remain <br />responsible for payment of the Total Estimated Value of Sale notwithstanding the <br />impracticability or frustration. <br /> <br />b. Sale Area <br /> <br />When portions of the sale area become subject to a domestic governmental regulation <br />or order that will likely prevent timber harvest for a period exceeding six months, and <br />the Purchaser has complied with this Contract, then: <br /> <br />i. If forty percent (40%) or less of the sale area is affected by the <br />governmental regulation or order, Purchaser's rights to purchase and <br />remove the timber and all other interest in the affected sale area is <br />terminated upon notice from the City.