Repair Agreement for Tree Damage

REPAIR AGREEMENT FOR TREE DAMAGE

This Repair Agreement for Tree Damage (the "Agreement") is made effective as of between the undersigned parties.

Parties

WHEREAS

WHEREAS, the Property Owner represents that trees located at the property referenced above have caused damage to structures, utilities, landscaping, or other improvements and require repair, removal, or remedial work; and

WHEREAS, the Contractor represents that it is experienced and qualified to perform tree repair, removal, pruning, stump grinding, debris removal and associated repairs and will perform such work in a professional manner consistent with industry standards; and

WHEREAS, the parties desire to set forth the terms and conditions under which the Contractor will perform the repair work described below.

Scope of Work

The Contractor shall perform the following services at the property described above. The description below must be sufficiently detailed to permit verification of completion and compliance with applicable standards.

Payment Terms

Total Contract Amount: $

Deposit Due at Execution: $ . Remaining Balance Due: $

Late Payment: If any amount due is not paid within days of the due date, interest will accrue at % per month (or the maximum allowed by law, if less), plus reasonable collection costs and attorney fees.

Term and Termination

Commencement Date: . Estimated Completion Date: .

Either party may terminate this Agreement for material breach by the other party if the breach remains uncured for days after written notice of the breach. Termination by the Property Owner for convenience before substantial completion may require payment for work performed, materials purchased, and reasonable demobilization costs.

Contractor Responsibilities; Insurance and Safety

The Contractor shall perform the work in a timely, workmanlike manner and shall comply with all applicable laws, regulations, and industry standards. The Contractor shall maintain at its expense workers' compensation, commercial general liability, and automobile liability insurance in amounts sufficient to cover the work and name the Property Owner as an additional insured for operations under this Agreement where applicable.

Confidentiality

Each party shall keep confidential any non-public business or technical information received from the other party that is clearly identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential information does not include information that is or becomes publicly available other than as a result of unauthorised disclosure by the receiving party, or information rightfully received from a third party without restriction.

The receiving party shall not disclose confidential information except to its employees, agents, or subcontractors who have a need to know and who are bound to maintain confidentiality. The receiving party shall use at least the same degree of care to protect confidential information as it uses to protect its own confidential information, but in no event less than reasonable care.

Indemnification and Limitation of Liability

Contractor shall indemnify, defend and hold harmless the Property Owner from and against claims, liabilities, damages, losses and expenses, including reasonable attorney fees, arising out of or resulting from the performance of the work, to the extent caused by the negligent acts or omissions of the Contractor, its employees, agents or subcontractors. The Owner shall indemnify the Contractor for claims arising from Owner's negligent acts or conditions existing on the property not caused by Contractor's operations.

Permits and Access

The parties shall determine whether any municipal or governmental permits are required for the work. If permits are required, the parties shall document who is responsible for obtaining and paying for such permits.

Owner certifies that Contractor will have reasonable access to the property and to utility shut-offs as required to perform the Work safely.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of law principles.

Entire Agreement

This Agreement, including any attachments, exhibits, or written change orders signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether oral or written. No modification, amendment or waiver shall be effective unless in writing and signed by both parties.

Notices

All notices and communications required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as either party designates in writing.

Additional Provisions

Owner acknowledges that some tree work may result in collateral damage to lawns, plantings, hardscapes, or irrigation; Contractor will take reasonable precautions to minimize such damage. Parties will document pre-existing conditions with photos where feasible.

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