Tree Replacement Request

TREE REPLACEMENT REQUEST AND AGREEMENT

Requestor Name:    Contractor/Arborist Name:

Date of Request:    Property Address:

WHEREAS

WHEREAS, Requestor seeks replacement of one or more trees located on the Property described above and has engaged Contractor to perform assessment, removal (if required), and planting services in connection with the replacement; and

WHEREAS, Contractor represents that it is experienced and duly qualified to perform arboricultural services, will comply with applicable municipal codes and permit requirements, and will perform the work in a professional manner consistent with industry standards; and

WHEREAS, the parties wish to set forth the scope, payment, and other terms governing the replacement work in this written agreement.

SCOPE OF WORK

TREE INFORMATION

PROPOSED REPLACEMENT

PERMITS AND APPROVALS

Permit required for removal/planting (check if applicable)    Permit/Approval Number:

Homeowners' association or neighborhood approval required    HOA approval obtained:

PAYMENT TERMS

Invoicing contact name:    Invoicing contact phone/email:

TERM AND TERMINATION

Commencement Date:    Completion Date (expected):

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within the notice period specified above. Termination does not relieve Requestor of payment for work performed prior to termination, nor relieve Contractor of its obligations with respect to any warranty or remediation required under this Agreement.

CONFIDENTIALITY

Each party agrees that any non-public business or technical information disclosed in connection with this Agreement that is identified as confidential or that a reasonable person would understand to be confidential shall be held in confidence and shall not be disclosed to third parties except as required by law. Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, lawfully received from a third party without restriction, or independently developed without use of the disclosing party's confidential information. Such obligations shall continue for a period of three (3) years following termination or completion of the work, unless a different period is specified here:

INDEMNIFICATION

Contractor shall indemnify, defend and hold harmless Requestor and Requestor's officers, agents and employees from and against claims, liabilities, damages and expenses (including reasonable attorneys' fees) arising out of Contractor's negligent performance of the services or willful misconduct. Requestor shall indemnify Contractor for claims arising from Requestor's failure to disclose material conditions or obtain required permissions.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, together with any attachments, permits, and 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 agreements, understandings, negotiations and discussions, whether oral or written. No amendment shall be effective unless in writing and signed by both parties.

CERTIFICATIONS

By signing below, Requestor certifies that Requestor either owns the property or is authorized by the property owner to request the work described herein and has obtained or will obtain any required approvals for the work. Contractor certifies that it holds necessary licenses and insurance to perform the work and will provide proof of insurance upon request.

Requestor certifies that required permissions and approvals have been or will be obtained prior to commencement.

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