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Page 8 of 42 4/3/24 Agreement No. 2024-02 <br />ii. If forty-one percent (41%) or more of the sale area is affected by the <br />governmental regulation or order, the City shall by notice to Purchaser <br />either terminate Purchaser's rights to purchase and remove the timber <br />and all other interest in the affected sale area or terminate the Contract. <br />Termination will discharge any unexecuted portion of the Contract. <br /> <br />c. Not Used. <br /> <br />G-70 Limitation of Damages <br /> <br />In the event of a breach of any warranty or any other act or omission under this Contract by <br />the City, the liability of the City shall be limited to, and Purchaser’s exclusive remedy shall <br />be, a return of the initial deposit, unapplied payments, and credit for unamortized <br />improvements made by Purchaser. <br /> <br />The City shall not be liable for any other damages, whether direct, incidental or <br />consequential. <br /> <br />G-80 Statements by City <br /> <br />No advice by any agent, employee, or representative of the City regarding the method <br />or manner of performing shall constitute a representation or warranty that said method, <br />manner or result thereof will conform to the Contract or be suitable for Purchaser's <br />purposes under the Contract. Purchaser's reliance on any City advice regarding the <br />method or manner of performance shall not relieve Purchaser of any risk or obligation <br />under the Contract. Purchaser retains the final responsibility for its operations under <br />this Contract and City shall not be liable for any injuries resulting from Purchaser's <br />reliance on any City advice regarding the method or manner of performance. <br /> <br />In addition: <br /> <br />a. Nothing in this Contract requires the City to provide the Purchaser with direction or <br />advice. If a duly authorized representative of the City approves, suggests or <br />recommends any practice, means, method or manner for performance of this Contract, <br />including logging practices, such approval, suggestion or recommendation shall not: <br />(1) guarantee such approval, suggestion or recommendation will accomplish the <br />requirements of the Contract; (2) relieve the Purchaser of any risks or obligations <br />under the Contract; or (3) create any liability by the City to the Purchaser. <br /> <br />b. Suggestions as to plans or methods of accomplishing the Contract by the City or the <br />City’s representative to the Purchaser, but not specified or required, if adopted or <br />followed by the Purchaser in whole or in part, shall be used at the risk and <br />responsibility of the Purchaser. The City and the City’s representative assume no <br />responsibility therefor and in no way will be held liable for any defects in the work <br />which may result from or be caused by use of such plan or method or work. <br /> <br />G-91 Sale Area Adjustment