Fs-2400-12 Third Party Agreement

USDA Forest Service FS-2400-12 (7/10)

OMB No. 0596-XXXX

Exp. Date (XX/XXX)

Page 1 of 3

THIRD PARTY AGREEMENT

(36 CFR 223.114)

THIS AGREEMENT by and between

     

(hereinafter referred to as the purchaser) and

     

Address

     

WHEREAS, the purchaser entered into a contract, with the United States of America, acting through the Forest Service, United States Department of Agriculture, hereinafter called Forest Service, for the purchase of timber on

     

National Forest, dated the

     

day of

     

,

     

, designated

as shown above, and

WHEREAS, the third party desires to assume all of the obligations of the purchaser which have accrued or will accrue and to receive the rights and benefits under said contract, and

WHEREAS, the purchaser desires to arrange for performance of said contract by the third party.

NOW, THEREFORE, in consideration of the third party hereby assuming all of said obligations and receiving said rights and benefits under said contract it is agreed as follows:

1. The purchaser agrees:

a. That the Forest Service may if it approves of this agreement deal solely thereafter with the aforesaid third party in the purchaser’s stead and without notice to the purchaser in all matters pertaining to the aforesaid timber sale contract, including any modifications thereof.

b. To request the Forest Service to transfer any balance on deposit with the United States to the purchaser’s credit in connection with such contract to the credit of the transferee.

c. That it is understood the purchaser is not to be released from any obligations to the United States under said timber sale contract.

2. The third party agrees:

a. That the third party, its heirs, executors, administrators, successors, and assigns will complete the performance of said contract in accordance with the terms thereof.

b. To furnish the Forest Service with an acceptable bond assuring the performance of said contract, or consent by the surety on the performance bond heretofore furnished by the purchaser which in effect will continue the bond with respect to any liability of the purchaser and will extend the provisions of the said bond to the transferee as a principal thereunder.

We hereby request the Forest Service recognize and approve this agreement.

The purchaser authorizes the Forest Service upon its approval of this application to deal solely thereafter with the aforesaid third party in the purchaser’s stead and without notice to the purchaser in all matters pertaining to the aforesaid timber sale contract, including any modification thereof, and requests that any balance on deposit with the United States to the purchaser’s credit in connection with such contract be transferred to the credit of the third party.

The purchaser agrees that it shall not by reason of the requested recognition and approval be released from any obligation to the United States under the timber sale contract.

The third party in consideration and approval by the Forest Service of this agreement hereby accepts the rights and assumes all uncompleted obligations and requirements of the purchaser under the timber sale contract and hereby binds its heirs, executors, administrators, successors, and assigns in the same manner as if the third party were the original signer of, and purchaser under, the aforesaid timber sale contract.

USDA Forest Service FS-2400-12 (7/10)

OMB No. 0596-XXXX

Exp. Date (XX/XXX)

Page 2 of 3

And as a further guarantee of the performance of the timber sale contract and the obligations thereunder, the third party delivers herewith:

STRIKE

A bond in the sum of

     

Dollars ($

     

).

OUT	Consent of surety for continuance of a bond in the sum of
	     		Dollars ($		     		) executed
ONE	     	by purchaser as principal and				     
	     			as surety, and extending provisions of said bond to
	third party as a principal thereunder.

IN WITNESS WHEREOF, the parties hereto have executed this third party agreement as of the						day
of	     	,	     	.

NAME OF PURCHASER 2/

1/ WITNESS (Two)

     

     

(Signature)

BY (Signature)

     

     

(Signature)

TITLE

NAME OF THIRD PARTY 2/

1/ WITNESS (Two)

     

     

(Signature)

BY (Signature)

     

     

(Signature)

TITLE

1/ Witness required if party is other than a corporation.

2/ Execute applicable certificate below if party is a corporation.

CERTIFICATION OF PURCHASER

CERTIFICATION OF THIRD PARTY

I,

     

certify that I

I,

     

certify that I

am the

     

Secretary of the

am the

     

Secretary of the

corporation named as the purchaser herein; that

corporation named as third party herein; that

     

who signed this

     

who signed this

agreement on behalf of the purchaser was then

agreement on behalf of the purchaser was then

     

of said corporation;

     

of said corporation;

that said agreement was duly signed for and in behalf of

that said agreement was duly signed for and in behalf of

said corporation by authority of its governing body and it

said corporation by authority of its governing body and it

within the scope of its corporate powers.

within the scope of its corporate powers.

     

     

     

     

CORPORATE SEAL

SIGNATURE

SIGNATURE

CORPORATE SEAL

     

     

APPROVAL

The aforesaid agreement between the purchaser and third party is hereby recognized and approved at

     

, under the conditions stated therein this

     

day of

     

,

     

.

SIGNATURE OF APPROVING OFFICER

TITLE

     

     

USDA Forest Service FS-2400-12 (7/10)

OMB No. 0596-XXXX

Exp. Date (XX/XXX)

Page 3 of 3

BURDEN AND NONDISCRIMINATION STATEMENTS

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-xxxx. The time required to complete this information collection is estimated to average 2 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer.