Amended & Restated Community Tree Nursery Collaboration Agreement - City Property for Native Trees

Home Browse Search

planted in the native tree nurseries and has the right to transplant any mature trees to other City locations, in its sole discretion. Section 5. Term. The Properties shall be subject to the terms of this Agreement until the expiry dates set forth in their respective schedules as set forth on Exhibit A. The parties may agree to extend the applicability of this Agreement to the Properties contained in any schedule by a signed written amendment to this Agreement for up to three (3) additional five (5)-year periods from the date of termination for that schedule. This Agreement shall terminate on a date that is five (5) years from the Effective Date or upon the expiration date of the last renewal, whichever is later. a. Access to Properties listed under Schedule I of Exhibit A will terminate on December 31, 2027. b. Access to Properties listed under Schedule II of Exhibit A will terminate on December 31, 2028. c. Access to Properties listed under Schedule III of Exhibit A will terminate on December 31, 2024. d. Access to Properties listed under Schedule IV of Exhibit A will terminate on December 31, 2027. Section 6. Assignment; Subcontractors. The parties shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the other parties. Section 7. Changes in Scope of Services. The parties understand and agree that the scope of services delineated in this Agreement are limited to the Properties and the establishment of a tree nursery. Any changes thereto must be authorized in writing by all parties hereto. Section 8. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The parties hereto agree to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Section 9. Relationship/Independent Contractor. All parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of any other party for any purpose whatsoever. Section 10. Waiver. One or more waivers of any condition herein shall not be construed as a waiver of a subsequent breach of the same condition. Section 11. Authority. Each undersigned person signing on behalf of his/her respective party certifies that he/she is duly authorized to bind his/her respective party to the terms of this Agreement.