|
While reasonable efforts have been made to ensure that the trees recommended for retention
<br /> are healthy,no guarantees are offered,or implied,that these trees,or all parts of them will
<br /> remain standing. It is professionally impossible to predict with absolute certainty the behavior
<br /> of any single tree or group of trees,or all their component parts,in all given circumstances.
<br /> Inevitably,a standing tree will always pose some risk. Most trees have the potential to fall,
<br /> lean,or otherwise pose a danger to property and persons in the event of adverse weather
<br /> conditions,and this risk can only be eliminated if the tree is removed.
<br /> Without limiting the foregoing,no liability is assumed by Urban Forestry Services,Inc. or its
<br /> directors,officers,employers,contractors,agents, or Assessors for:
<br /> • any legal description provided with respect to the Property;
<br /> • issues of title and or ownership respect to the Property;
<br /> • the accuracy of the Property line locations or boundaries with respect to the Property; and
<br /> • the accuracy of any other information provided to Urban Forestry Services,Inc.by the
<br /> Client or third parties;
<br /> • any consequential loss,injury, or damages suffered by the Client or any third parties,
<br /> including but not limited to replacement costs,loss of use,earnings,and business
<br /> interruption;and
<br /> • the unauthorized distribution of the Assessment.
<br /> The total monetary amount of all claims or causes of action the Client may have as against
<br /> Urban Forestry Services,Inc. including but not limited to claims for negligence,negligent
<br /> misrepresentation,and breach of contract,shall be strictly limited to solely to the total amount
<br /> of fees paid by the Client to Urban Forestry Services, Inc. pursuant to the Contract for Services
<br /> as dated for which this Assessment was carried out. Further,under no circumstance may any
<br /> claims be initiated or commenced by the Client against Urban Forestry Services,Inc. or any of
<br /> its directors, officers, employees,contractors,agents,or Assessors,in contract or in tort,more
<br /> than 12 months after the date of this Assessment.
<br /> 4. Third Party Liability
<br /> This Assessment was prepared by Urban Forestry Services, Inc. exclusively for the Client.
<br /> The contents reflect Urban Forestry Services,Inc.best assessment of the trees and plants on
<br /> the Property in light of the information available to it at the time of preparation of this
<br /> Assessment. Any use which a third party makes of this Assessment,or any reliance on or
<br /> decisions made based upon this Assessment,are made a the sole risk of any such third parties.
<br /> Urban Forestry Services,Inc. accepts no responsibility for any damages or loss suffered by
<br /> any third party or by the Client as a result of decisions made or actions based upon the use of
<br /> reliance of this Assessment by any such party.
<br /> 5. General
<br /> Any plans and/or illustrations in this Assessment are included only to help the Client
<br /> visualize the issues in this Assessment and shall not be relied upon for any other purpose.
<br /> This report and any values expressed herein represent the opinion of Urban Forestry Services,
<br /> Inc. Our fee is in no way contingent upon any specified value,a result or occurrence of a
<br /> subsequent event,nor upon any finding reported.
<br /> The Assessment report shall be considered as a whole,no sections are severable,and the
<br /> Assessment shall be considered incomplete if any pages are missing. The right is reserved to
<br /> adjust tree valuations,if additional relevant information is made available. This Assessment
<br /> is for the exclusive use of the Client.
<br />
|