Common use of Damage to Trees Clause in Contracts

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. 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 a 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 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. 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 City accordingly agrees to reimburse the City University 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 City shall pay for or reimburse the City University 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 City may replace such tree or trees rather than reimbursing the City University for any and all reasonable costs or expenses the City University may incur in connection with removal of such affected tree or trees.