Oregon Statutes 530.065 – Modifying timber sale contracts
(1) During the period of a timber sale contract made under ORS § 530.059, either party may propose to change or modify the terms of the contract if unforeseen circumstances develop. As used in this subsection, ‘unforeseen circumstances’ means acts of nature or other unforeseen circumstances or conditions that:
Terms Used In Oregon Statutes 530.065
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(a) Affect the nature or scope of the work to be performed or volume to be harvested under the terms of the sale contract made by the State Forester; or
(b) Require additional work or harvest in an area adjacent to a timber sale made by the State Forester.
(2) The State Forester is hereby authorized to change or modify the terms or conditions of the contract in the event of unforeseen circumstances requiring such change or modification under subsection (1) of this section only when:
(a) Such change or modification is in the best interest of the State of Oregon; and
(b) The purchaser of the timber sale agrees that the proposed change or modification will maintain an equitable contractual relationship between the parties. [1965 c.128 § 2; 1983 c.759 § 11; 1997 c.285 § 2]
[Repealed by 1957 c.229 § 1]