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4b <br />4D <br />8. PURCHASER herein, its agents, successors or assigns, shall have the usual right of <br />ingress and egress over, through and across the herein described lands with all teams, <br />crews, machinery and logging equipment necessary and required for the purpose of <br />cutting and removing said timber. In addition, SELLER covenants unto PURCHASER <br />that the above-described property either adjoins a public road or, in the alternative, <br />SELLER has permanent access to said property over, through and across properties <br />adjoining the above-described properly, including tile right to take heavy equipment and <br />log trucks across the right-of-way, which PURCHASER, its successors and assigns also <br />are hereby given the right to use. PURCHASER shall have the right to cut, use and <br />remove any timber, trees, undergrowth and brush, tits cutting, use and removal of which <br />may be useful, convenient, necessary or desirable in the exercise of the rights herein <br />granted. <br />9. SELLER does fttrther agree to place and keep PURCHASER in peaceable possession of <br />the property herein described for the full tern) of this Contract for the purpose of its <br />exercising its rights hereunder; and does further agree not to interfere in any manner with <br />PURCHASER'S exercise of its rights hereunder, by PURCHASER, its officers, agents, <br />servants, or employees. <br />14. Unless otherwise agreed, PURCHASER shall be liable for severance taxes assessed on <br />timber herein conveyed. <br />11. The provisions of this agreement shall inure to the benefit of, and shall be binding upon, <br />the parties, their heirs, successors, representatives, and assigns. <br />12. Neither SELLER nor PURCHASER shall be responsible for non-performance due to <br />strike, lockout, riot, war, civil disturbance, Act of God or other causes (whether or trot of <br />a similar nature) beyond the reasonable control of the parties. At the option of <br />PURCHASER, the terms of this Contract shall be extended for a period of time equal to <br />the time the PURCHASER is prevented from cutting and removing said tiiaibcr due to <br />any of the above occurrences so that the PURCHASER shall have sufficient time to <br />remove said timber. <br />13. It is agreed and understood between the SELLER and the PURCHASER herein, their <br />successors and assigns, that should any dispute arise as to the terms and conditions of this <br />deed, that said matter will be settled by arbitration of three (3) arbitrators, whose majority <br />decision shall be final and binding upon the parties hereto. Said arbitrators shall be <br />selected by the SELLER selecting one arbitrator, the PURCHASER selecting one <br />arbitrator and tine two arbitrators so selected shall select a third arbitrator. Tire selection <br />of the arbitrators shall be commenced not later than thirty (30) days following ally dispute <br />which may arise and completed with dare and rcasonabic diligence. The period allowed <br />herein for cutting and removal of timber shall be extended au(cimatically for the number <br />of days required for the selection of arbitrators and to complete the arbitration of the <br />dispute. <br />14. SELLER acknowledges and agrees that PURCHASER shall follow management <br />practices cited in the applicable Best Management Practices, that PURCHASER shall <br />have a reasonable period of time following completion of the harvesting operations to <br />take ail actions upon the property which are Consistent with said management practices <br />and that PURCHASER shall not be liable to SELLER for any incidental damage that may <br />arise as a result of implementation of said nianagenient practices. <br />GPB PACW.DOT Version 2.0(01100) Page 3 of 4 <br />