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<br /> Page 9 of 42 FINAL 2/21/25 Agreement No. 2025-02 <br />G-100 Forest Products Not Designated <br />Any trees or Forest Products that are not designated for removal and which must be removed <br />in the course of operations authorized by the City, shall be approved and designated by the <br />Contract Administrator. Purchaser shall pay City for such Forest Products at a fair market <br />value determined by the City. <br />G-110 Title and Risk of Loss <br />Title to the Forest Products conveyed passes upon the execution of this Contract by the City. <br />Purchaser bears the risk of loss or damage to the Forest Products in this Contract from the <br />time the City executes this Contract. In the event any such Forest Products are destroyed, <br />damaged, or stolen after passage of title, whether the cause is foreseeable or unforeseeable, <br />the Forest Products shall be paid for by Purchaser. Breach of this Contract shall have no effect <br />on this provision. Title to the Forest Products not removed from the sale area within the period <br />specified in this Contract shall revert to the City. <br />G-120 Responsibility for Work <br />All work, equipment and materials necessary to perform this Contract shall be the <br />responsibility of the Purchaser. Any damage to improvements, except as provided in G-130, <br />shall be repaired promptly to the satisfaction of the City at Purchaser's expense during the <br />Contract period unless an operating release has been issued. <br />G-130 Exceptions <br />a. Exceptions to Purchaser's responsibility in G-120 shall be limited exclusively to the <br />following. These exceptions shall not apply should damages occur because of <br />Purchaser's failure to take reasonable precautions or to exercise sound forest <br />engineering and construction practices. <br />1. The City shall bear the cost to repair any third-party damage involving any <br />existing roadway or section of new construction completed under this <br />Contract to a fully functional stage. Purchaser shall accomplish repairs <br />promptly as required by the City at an agreed price. The City may elect to <br />accomplish repairs itself, either by its own forces or by contracting with a third <br />party. <br />2. Catastrophic damage is defined as City identified damage valued in excess of <br />Ten Thousand Dollars ($10,000.00), which is caused by forces beyond the <br />control, and without the negligence of, Purchaser, such as earthquakes, <br />volcanic eruptions, landslides, and floods. The Parties shall share equally the <br />cost to repair any part of the required work performed by Purchaser, which is <br />damaged by catastrophic damage. Purchaser shall be responsible for the first <br />Ten Thousand Dollars ($10,000.00) of repair costs. Purchaser shall <br />accomplish repairs promptly as required by the City at an agreed price. The <br />City may elect to accomplish repairs by means of City provided resources.