Laserfiche WebLink
(c) The United States will retain the first installment as security for <br />your full and faithful performance and will apply it to the last <br />installment required to make the total payment equal to the total price <br />given in Section 2. <br />The total purchase price equals the sum of the total quantities <br />removed, multiplied by their respective unit prices. <br />If you are late making an installment payment, you must not <br />remove any more material until you have paid. Removing material <br />you have not paid for is trespass, and for trespass you must pay at <br />triple the appraised unit price, or at triple the reappraised unit price <br />if BLM has made a reappraisal. To resume removal operations after <br />you were late making payments, you must obtain BLM's written <br />approval. <br />(d) You receive title to the mineral materials only after you have <br />paid for them and extracted them. <br />Sec. 4. Risk of loss - You assume complete risk of loss for all <br />materials to which you have title. If material covered by this <br />contract is damaged or destroyed before title passes, you are liable <br />for all loss suffered if you or your agents are directly or indirectly <br />responsible for the damages. If you are not responsible for the <br />damage or destruction, you are liable only to the extent that the loss <br />was caused by your failure to remove the material under the terms <br />of this contract. You are still liable for breach of contract or any <br />wrongful or negligent act. <br />Sec. 5. Liabilityfor damage to materials not sold to you - You are <br />liable for loss or damage to materials not sold to you if you or your <br />agents are directly or indirectly responsible for the damage or loss. <br />You are also liable if you fail to perform under the contract <br />according to BLM's instructions and the United States incurs costs <br />resulting from your breach of any contract term or your failure to <br />use proper conservation practices. If the damage resulted from <br />willful or gross negligence, you are liable for triple the appraised <br />value of the damaged or destroyed materials. If the damage or <br />destruction did not result from willful or gross negligence, you are <br />liable for lesser charges, but not less than the appraised value of the <br />materials. <br />Sec. 6. Stipulations and reserved terms - Your rights are subject to the <br />regulations at 43 CFR Group 3600 and to any stipulations and the <br />mining plan attached to this contract. <br />Q? BLM will check this box if there are stipulations attached to <br />this contract. <br />Sec. 7. Notice of operations - You must notify BLM immediately <br />when you begin and end operations under this contract. If BLM has <br />specified a time frame for notification, you must comply with that time <br />frame. <br />Sec. 8. Bonds - (a) You must furnish BLM with a bond in the amount <br />of $ 412, A400 NMJ as a condition of issuing this contract. <br />(b) If you do not perform all terms of the contract, BLM will <br />deduct an amount equal to the damages from the face amount of the <br />bond. If the damages exceed the amount of the bond, you are liable for <br />the excess. BLM will cancel the bond or return the cash or U.S. bonds <br />you supplied when you have completed performance under this <br />contract. <br />(c) BLM will require a new bond when it finds any bond you <br />furnish under this contract to be unsatisfactory. <br />Sec. 9. Assignments - You may not assign this contract without <br />BLM's written approval. <br />Sec. 10. Modification of the Approved Mining or Reclamation Plan - <br />You or BLM may initiate modification of these plans to'adjust for <br />changed conditions, or to correct any oversight. The conditions for <br />BLM requiring you to modify these plans, or approving your request <br />for modification are found in the regulations at 43 CFR 3601.44. <br />Sec. 11. Expiration of contract - This contract will expire <br />10 years, 0 months, 0 days from its <br />approval dd t?less BLM extends the term or renews the contract. <br />L?!J B?,?/L''[[1GIwill check this box if this contract is a renewable <br />competitive contract. <br />Sec. 12. Renewal of renewable competitive contract - BLM will <br />renew your contract if you apply in writing no less than 90 days <br />before your renewable competitive contract expires and you meet the <br />conditions in the regulations at 43 CFR 3602.47. <br />Sec. 13. Violations and cancellations - (a) If you violate any terms <br />or provisions of this contract, BLM may cancel your contract <br />following the regulations at 43 CFR 3601.60 et seq., and recover all <br />damages suffered by the United States, including applying any <br />advance payments you made under this contract toward the payment <br />of the damages. <br />(b) If you extract any mineral materials sold under this contract <br />during the suspension period, or after the contract has expired or been <br />canceled, you have committed, and may be charged with, willful <br />trespass. <br />Sec. 14. Responsibilityfor damages suffered or costs incurred by the <br />United States If you, your contractors, subcontractors or employees <br />breach this contract or commit any wrongful or negligent act, you are <br />liable for any resulting damages suffered or costs incurred by the <br />United States. You must pay the United States within 30 days after <br />receiving a written demand from BLM. <br />Sec. 15. Extensions of time - BLM may grant you an extension of <br />time in which to comply with contract provisions under the <br />regulations at 43 CFR 3602.27. For contracts with terms over 90 days, <br />you must apply in writing no less than 30 or more than 90 days before <br />your contract expires. For contracts with terms of 90 days or less you <br />must apply no later than 15 days before your contract expires. <br />Sec. 16. Time for removing personal property - You have <br />90 days (not to exceed 90) from the date this contract expires <br />to remove your equipment, improvements, and other personal property <br />from United States lands or rights-of-way. You may leave in place <br />improvements such as roads, culverts, and bridges if BLM consents. <br />Any property remaining after this period ends becomes the property of <br />the United States, but you will remain liable for the cost of removing <br />it and restoring the site. <br />Sec. 17. Equal opportunity clause - The actions you take in hiring <br />must comply with the provisions of Executive Order No. 11246 of <br />Sept. 24, 1965, as amended, which describe the non-discrimination <br />clauses. You may get a copy of this order from BLM. <br />(Continued on page 3) (Form 3600-9, page