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Insurance

This is very important. If there are problems on a timber sale (e.g., a logger is injured, a curious neighboring child wanders onto the sale and is injured, falling timber causes damage, or worse), it is at least possible that the landowner could be somehow seen as potentially liable.

For this reason, it is an excellent idea to require in the contract that the buyer of the timber hold insurance for property damage, bodily injury, and worker's compensation.

Simply stating in the contract that the owner is not liable may not be sufficient in the eyes of the court. It is advisable, however, to include such a "save harmless" clause in the contract, for example:

The Buyer agrees to indemnify and save harmless the Seller, of, from, and against any and all claims (including worker's compensation claims, or any other personal liability or medical claims), demands, suits, actions, other legal proceedings, and damage, which may be brought or asserted against or suffered or sustained by the Seller and which may arise out of or may be connected in any way with any action done or suffered by the Buyer in connection with this agreement or the work of the Buyer contemplated hereby.

This is the UMass Extension Forest Conservation Program web site and is a part of the Natural Resources Conservation Department at the University of Massachusetts Amherst. MassWoods is maintained by Paul Catanzaro, Forestry Extension Specialist, cat@umext.umass.edu, 413.545.4839

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MassWoods is the Web site for the Forest Conservation Extension Program within UMass Extension's Natural Resources and Environmental Conservation program, Department of Natural Resources Conservation, University of Massachusetts Amherst.
http://www.masswoods.net