Timescale

Authority Risk

Contractor Risk

Services Commencement Date Until End of Contract Period

The Authority shall take all tree risks resulting from an absence of Authority funding for required tree works and cyclical pruning.  Following the submission of the findings of the tree survey, or any other recommendation by [Arboriculturalist]  that tree works and/or cyclical pruning be undertaken, the funding of such tree works and cyclical pruning shall be determined by the Authority.

The Contractor shall not be responsible for tree risks where there is an absence of Authority funding for required tree works and cyclical pruning.  The Contractor shall notify [Arboriculturalist] of any circumstances which are brought to the Contractor's attention and may require tree works and/or cyclical pruning to be undertaken, including to prevent damage to the Works or to enable the Contractor to provide the Services or to meet health and safety requirements.  In the absence of Authority funding, if tree works and/or cyclical pruning are required by the Contractor to prevent damage to the Works or to enable the Contractor to provide the Services or to meet health and safety requirements, any additional costs resulting from the Contractor requiring [Arboriculturalist] to undertake such tree works and/or cyclical pruning shall be recoverable by the Contractor from the Authority.

Where the Authority's Tree Policy prevent the carrying out of required tree works and/or cyclical pruning, this shall be a Compensation Event.

From Services Commencement Date until Tree Risks Transaction Cut-Off Date

All tree risks where these are identified and recommended in the tree survey and these tree works have not been funded for completion by the Tree Risks Transaction Cut-Off Date in accordance with the agreed Tree Works Programme

All tree risks where these are identified and recommended in the tree survey and these tree works have been undertaken, subject to Authority funding being available for future tree works and cyclical pruning. The Contractor shall not be responsible to the extent that necessary tree works and cyclical pruning are not specified or are not specified correctly or are outside the agreed Tree Works Programme or are not carried out in accordance with good industry practice by [Arboriculturalist].

From Services Commencement Date until Tree Risks Transaction Cut-Off Date

All tree risks where unidentified tree works have not been identified in the tree survey and subsequently identified and found necessary to be undertaken

All tree risks where these are identified and recommended in the tree survey and these tree works have been undertaken, subject to Authority funding being available for future tree works and cyclical pruning and subject to the agreed Tree Works Programme.  The Contractor shall not be responsible to the extent that necessary tree works and cyclical pruning are not specified or are not specified correctly or are outside the agreed Tree Works Programme or are not carried out in accordance with good industry practice by [Arboriculturalist].

From Services Commencement Date until Tree Risks Transaction Cut-Off Date

All tree risks where no cyclical pruning works have been instigated and maintained

All tree risks where cyclical pruning works have been instigated and maintained, subject to Authority funding being available for future tree works and cyclical pruning and subject to the agreed Tree Works Programme.  The Contractor shall not be responsible to the extent that necessary tree works and cyclical pruning are not specified or are not specified correctly or are outside the agreed Tree Works Programme or are not carried out in accordance with good industry practice by [Arboriculturalist].

From Tree Risks Transaction Cut-Off Date

No tree risks except that the absence of Authority funding for required tree works and cyclical pruning shall be a Compensation Event

All tree risks - subject to the Authority's funding of required works and cyclical pruning, except that any delay to the Works and Services caused by [Arboriculturalist's] tree works shall be a Relief Event and an Excusing Event. The Contractor shall not be responsible to the extent that necessary tree works and cyclical pruning are not specified or are not specified correctly or are not carried out in accordance with good industry practice by [Arboriculturalist].