CONTINUED USE BY SELLER.
26.4
OWNERSHIP OF TANGIBLE ASSETS.
SELLER ACKNOWLEDGES AND AGREES THAT
THE TANGIBLE ASSETS DESCRIBED IN SCHEDULE 26.4 ARE OWNED BY BUYER (OR ONE OF ITS
AFFILIATES) AND THE US FOREST SERVICE AND THAT NOTHING HEREIN OR IN ANY OTHER
AGREEMENT SHALL CONVEY ANY RIGHT, TITLE OR INTEREST IN SUCH ASSETS (OR ANY RIGHT
TO REMOVE OR MAKE USE OF SUCH ASSETS) TO SELLER AND THAT BUYER AND THE US FOREST
SERVICE SHALL MAINTAIN OWNERSHIP THEREOF, NOTWITHSTANDING ANY SALE OF THE REMA
TRACT, WHETHER PERMITTED UNDER THE TERMS OF THIS AGREEMENT OR OTHERWISE.
26.5
APPLICABILITY OF RIGHT OF FIRST OFFER.
THE PROVISIONS OF
SECTION 26 SHALL NOT APPLY TO:
(A) ANY CONDEMNATION OF ANY PORTION OF THE REMA
TRACT, OR ANY SALE IN LIEU THEREOF; OR (B) ANY EASEMENT, CUTTING CONTRACT, OR
HUNTING LICENSE ON ANY PORTION OF THE REMA TRACT.
Executed under seal as of the date first set forth above.
CHILLICOTHE PAPER INC.
By:
/s/ Peter H. Vogel
Name:
Peter H. Vogel
Title:
President
SCIOTO LAND COMPANY, LLC
By:
Tolleson-Knox Land Management Company, LLC,
Manager
By:
/s/ Robert G. Chambers
Name:
Robert G. Chambers
Title:
Executive Vice President