APPLICABLE BASE PRICE ADJUSTMENT DATE.
1.16
"HARDWOOD STRINGERS" SHALL MEAN TIMBER MEETING THE SPECIFICATIONS
FOR THE SAME SET FORTH ON SCHEDULE 1.29.
1.17
"HARVESTING PLAN" SHALL MEAN A DESCRIPTION OF THE TYPE OF HARVEST
(SUCH AS CLEAR CUTS OR THINS), TOGETHER WITH DIAMETER LIMITS AND RESIDUAL BASAL
AREA, AS APPLICABLE.
1.18
"HARVESTING YEAR" SHALL MEAN THE PERIOD FROM DECEMBER 17, 2005
THROUGH DECEMBER 31, 2005 FOR CALENDAR YEAR 2005 AND JANUARY 1 THROUGH
DECEMBER 31 OF EACH YEAR THEREAFTER DURING THE TERM OF THIS AGREEMENT.
1.19
"MARKET REGION" SHALL MEAN ALL AREAS WHICH ARE LOCATED WITHIN ONE
HUNDRED TWENTY (120) MILES OF THE MILL.
1.20
"MECHANISM NOTICE" SHALL HAVE THE MEANING SET FORTH IN SECTION 1.11
HEREOF.
1.21
"MILL" SHALL MEAN BUYER'S PULP AND PAPER MILL LOCATED IN
CHILLICOTHE, OHIO.
1.22
"PERSON" MEANS ANY INDIVIDUAL, CORPORATION, PARTNERSHIP, LIMITED
LIABILITY COMPANY, JOINT VENTURE, ASSOCIATION, JOINT-STOCK COMPANY, TRUST,
UNINCORPORATED ORGANIZATION OR GOVERNMENTAL AUTHORITY.
1.23
"PRELIMINARY DESIGNATED TRACT" SHALL HAVE THE MEANING SET FORTH IN
SECTION HEREOF.
1.24
"PRODUCT" SHALL MEAN THE INDIVIDUAL TYPES OF TIMBER LISTED IN
SECTION 1.33 BELOW.
1.25
"PRODUCT PRICE" SHALL MEAN THE PULPWOOD PRODUCT PRICE OR THE
HARDWOOD STRINGER PRODUCT PRICE, AS APPLICABLE.
1.26
"PULPWOOD" SHALL MEAN HARDWOOD PULPWOOD AND SOFTWOOD PULPWOOD.
1.27
"PULPWOOD PRODUCT PRICE" SHALL MEAN THE PER TON PRICE FOR EACH
PRODUCT AS SET FORTH ON SCHEDULE 1.27(A) (THE "BASE PRICE") ADJUSTED UP OR DOWN
FIRST ON JANUARY 1, 2008 AND AGAIN ON EACH BASE PRICE ADJUSTMENT DATE THEREAFTER
SO THAT THE APPLICABLE PULPWOOD PURCHASE PRICE SHALL BE ADJUSTED TO EQUAL THE
FAIR MARKET TIMBER VALUE FOR SUCH PRODUCT ON THE APPLICABLE BASE PRICE
ADJUSTMENT DATE.
1.28
"QUALIFYING SALES" SHALL MEAN PER UNIT (AS OPPOSED TO LUMP SUM)
SALES OF THE TYPE OF QUALIFYING TIMBER AT ISSUE MADE DURING THE THREE CALENDAR
QUARTERS IMMEDIATELY PRIOR TO THE CALENDAR QUARTER MONTH PERIOD IN WHICH THE
APPLICABLE BASE PRICE ADJUSTMENT DATE OCCURS (INCLUDING SALES THAT ARE SUBJECT
TO BONA FIDE AGREEMENTS WITH UNAFFILIATED THIRD PARTIES, WHETHER OR NOT THEY
HAVE BEEN HARVESTED DURING SUCH THREE CALENDAR QUARTER PERIOD), PROVIDED SUCH
SALES
(I) ARE MADE WITHIN THE MARKET REGION, AND (II) INVOLVE NOT LESS THAN 1,000 TONS
OF THE TYPE OF QUALIFYING TIMBER AT ISSUE AS TO EACH SUCH SALE.
QUALIFYING
SALES SHALL EXCLUDE SALES OF QUALIFYING TIMBER BETWEEN BUYER AND SELLER UNDER
THIS AGREEMENT.
1.29
"QUALIFYING TIMBER" SHALL MEAN TIMBER WHICH MEETS OR EXCEEDS THE
SPECIFICATIONS SET FORTH IN SCHEDULE 1.29 TO THIS AGREEMENT.
1.30
"SMZ'S" SHALL MEAN STREAMSIDE MANAGEMENT ZONES, DESIGNATED AS SUCH
BY SELLER, AND ANY SIMILAR ENVIRONMENTALLY PROTECTED ZONES SO DESIGNATED DURING
THE TERM OF THIS AGREEMENT.
1.31
"SOFTWOOD PULPWOOD" SHALL MEAN THE FOLLOWING TYPES OF TIMBER SET
FORTH IN SCHEDULE 1.29 TO THIS AGREEMENT.
1.32
"SUSTAINABLE FOREST PRACTICE STANDARDS" SHALL MEAN PRACTICES
SUBSTANTIALLY IN COMPLIANCE WITH STANDARDS SUBSTANTIALLY SIMILAR TO THE
SUSTAINABLE FORESTRY INITIATIVE OF THE AMERICAN FOREST AND PAPER ASSOCIATION
(THE "AF&PA") AND AS THAT STANDARD MAY BE MODIFIED BY AF&PA FROM TIME TO TIME.
1.33
"TIMBER" SHALL MEAN