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<br /> Page 5 of 42 FINAL 2/21/25 Agreement No. 2025-02 <br />G-60 No Warranties by City <br />THE PARTIES AGREE THAT THE IMPLIED WARRANTIES OF <br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL <br />OTHER WARRANTIES EXPRESSED OR IMPLIED ARE EXCLUDED FROM <br />THIS TRANSACTION AND SHALL NOT APPLY TO THE GOODS SOLD. FOR <br />EXAMPLE, THE FOLLOWING SPECIFIC MATTERS ARE NOT WARRANTED, <br />AND ARE EXCLUDED FROM THIS TRANSACTION: <br />a. The MERCHANTABILITY of the Forest Products. The use of the term <br />"merchantable" elsewhere in this Contract is not intended to vary the <br />foregoing. <br />b. The CONDITION of the Forest Products. The Forest Products are conveyed <br />"as is." <br />c. The ACREAGE contained within any sale area. Any acreage descriptions <br />appearing in the timber notice of sale, Timber Sale Maps, this Contract, or <br />other documents are estimates only, provided solely for administrative and <br />identification purposes. <br />d. The VOLUME, QUALITY, OR GRADE of the Forest Products. The <br />descriptions of the Forest Products conveyed in this Contract are estimates <br />only, made solely for administrative and identification purposes. <br />e. THE CORRECTNESS OF ANY SOIL OR SURFACE CONDITION AND <br />PRE-SALE CONSTRUCTION APPRAISALS, INVESTIGATIONS, AND <br />ALL OTHER PRE-BID DOCUMENTS PREPARED BY OR FOR THE <br />CITY. These documents were prepared for appraisal purposes only. <br />f. Items which extend beyond the description of the face of this Contract. <br />g. THAT THE SALE AREA IS FREE FROM THREATENED OR <br />ENDANGERED SPECIES or their habitat. The City is not responsible <br />for any interference with forestry operations that result from the presence <br />of any threatened or endangered species, or the presence of their habitat, <br />within the sale area. <br /> <br />h. THAT THE FORESTRY OPERATIONS to be performed under this <br />contract WILL BE FREE FROM REGULATORY ACTIONS by <br />governmental agencies. The City is not responsible for actions to enforce <br />regulatory laws, such as the Washington Forest Practices Act (chapter <br />76.09 RCW), taken by the Department of Natural Resources or any other <br />agency that may affect the operability of this timber sale. <br /> <br />G-62 Safe Harbor and Cooperative Habitat Enhancement Agreements