Damage to Trees. It is acknowledged that trees located on Public Property may be subject to temporary or permanent damage as a result of the location and nature of the Project. The University accordingly agrees to reimburse the City for any and all costs or expenses that it may incur in connection with the repair of any such affected tree or trees, including but not limited to, extraordinary trimming, fertilization, and watering of any such tree or trees as jointly determined by the City Arborist or other designated Agent of the City (the “Arborist”) and the Supervisor of Grounds or other designated agent of the University for a period of five (5) years from and after the date of any excavation in connection with the Project pursuant to this Agreement. The Parties further agree that in the event any such affected tree or trees is jointly determined by the City Arborist and Supervisor of Grounds during any such five (5) year period to be irrevocably damaged, the University shall pay for or reimburse the City for any and all reasonable costs or expenses that the City may incur in connection with the removal of such affected tree or trees as well as the replacement of any such affected tree or trees so removed. Such replacement of any tree or trees so removed shall be made with such new tree or trees as reasonably and mutually determined by the University Supervisor of Grounds and the City Arborist. Any determination made by the City Arborist and Supervisor of Grounds pursuant to this section shall not be arbitrary or capricious. The University may replace such tree or trees rather than reimbursing the City for any and all reasonable costs or expenses the City may incur in connection with removal of such affected tree or trees.
Damage to Trees. The Parties acknowledge that trees located within the Project right-of-way or limits may be subject to temporary or permanent damage as a result of the location and construction of a Project. In the event such damage occurs as a direct result of Project construction activities, the Lead Agency’s Project Manager, the Party’s Project Manager, the Resident Engineer, shall cooperatively assess the affected tree or trees to determine the amount and extent of the damage and to identify any necessary corrective actions. The Parties agree that in the event any such affected tree or trees is determined by the Party’s Project Manager to be irrevocably damaged, the Party may pursue legal actions against the Project’s construction Contractor to recover such damages. The Party shall not hold the Lead Agency liable for any temporary or permanent damages to trees as a direct result of any construction activities associated with the Projects.
Damage to Trees. Any of the existing trees on the site damaged in any way shall be subject to a penalty of £..
