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ONCOR'S ALTERNATE TREE MAINTENANCE AGREEMENT

If you want to make sure the electrical lines around your home are clear of vegetation, but don't want Oncor to manage the tree maintenance, this is the document you need.

Also, be sure to download the List of Line Certified Arborists, below. 

Download Alternative Tree Maintenance Agreement
Download List of Line Certified Arborists

Alternative Tree Maintenance Agreement

You (the “Customer”) and Oncor Electric Delivery Company LLC (“Oncor”) have agreed that you may hire a private line-clearance qualified vegetation management contractor (“your Contractor”) to perform clearance of vegetation near Oncor’s power lines or its other assets on your property, provided you agree to the following:

1. You agree that Oncor has informed you of the necessary clearance of vegetation that must be maintained from its power lines and other assets. You agree that Oncor has previously provided an approximate minimum vegetation clearance of seven feet from its lines. You will hire at your expense a vegetation management contractor that meets the requirements of this agreement to ensure that at no time will vegetation come within seven feet of Oncor’s power lines.

2. “Vegetation” means trees, shrubs, bushes and any other plant whether cultivated or naturally growing and any branch, limb or leaf attached thereto, whether living or dead.

3. You shall enter into a contract with your Contractor which must contain the following terms:

a. Contractor shall maintain at least seven feet of clearance from Oncor’s lines;
b. Contractor shall perform work in accordance with and represent in its contract with Customer that it complies with all federal, state and local laws including 29 C.F.R. 1910.269 (r) and (x) and federal, state and local industry standards; and
c.Contractor shall have a minimum $1,000,000 general civil liability insurance covering itself, the Customer and Oncor, with Oncor to be named as an additional insured on any such policy.

Customer shall provide Oncor a copy of such contract at the time of signing this contract.

4. You are solely responsible for verifying that your Contractor is in compliance with Section 3 of this letter.

5. In addition to any rights under the Tariff, easements, franchise agreements or other authority, Oncor shall have the right to enter and inspect your property to determine compliance with this agreement.

6. Failure to provide a copy of the Contractor agreement, failure to maintain a seven foot clearance, failure to retain a Contractor that complies with Section 3(b) and failure to comply with any other term of this Letter Agreement shall constitute a default.

7. Upon Default, Oncor may elect to immediately declare its obligations under this Letter Agreement to be immediately null and void, be entitled to $2500 in liquidated damages and Oncor may enter onto the property and perform the work using its standard power line clearance methods and practices.

8. For all claims, losses, expenses, damages, judgments, causes of action, and liability of every kind and character whatsoever (collectively, “Claims”), Customer agrees to and will defend, protect, indemnify, and hold harmless Oncor and its employees, officers, directors, affiliates, agents, advisors, and contractors to the extent such Claims arise out of or are incident to or related in any way to, directly or indirectly, this Agreement, and/or your obligations hereunder, or any work done relating to this Letter Agreement; and further, IT IS THE EXPRESS INTENT OF THE PARTIES THAT, FOR THE PURPOSES OF THIS PARAGRAPH, CLAIMS, AND CUSTOMER’S OBLIGATIONS WILL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS ARISING OUT OF OR RESULTING FROM ONCOR’S CONCURRENT (1) NEGLIGENCE, (2) STRICT LIABILITY, OR (3) OTHER FAULT OF ANY NATURE. The provisions of this section shall survive termination of this Letter Agreement.

9. Oncor retains the right, in case of power outages and/or situations involving immediate safety hazards, to prune any trees on the Property, including those covered by this Letter Agreement, as reasonably necessary to address the emergency.

10. At any time, Oncor may terminate this agreement in whole or part for convenience after giving at least thirty (30) days notice prior to termination. At any time, Customer may terminate this agreement in whole or part for convenience after giving at least thirty (30) days notice prior to termination, at which time Oncor, at its sole election, may enter on the property and secure clearances of vegetation to a minimum of 10’4” from its lines at customer’s expense.

11. This Agreement does not waive or change any duties or obligations that you have under Section 752 of the Texas Health and Safety Code (“Section 752”). At no time should You or Your Agents or Contractor be or bring tools or other material within six feet of Oncor’s energized power lines, as such actions would violate Section 752. If it is necessary for branches to be removed that are within six feet of the power lines or for any other person or material to brought within six feet of the line, you must contact Oncor to request that Oncor de-energize the line.

12. Oncor shall have no liability arising under this agreement for any reason upon Customer’s default.

13. You understand that your failure to properly comply with this agreement and/or the law could result in significant property damage, fires, serious injury, electrocution and/or death to Customer, Oncor, and other persons and parties.

14. Neither party may recover attorneys’ fees for a breach of this agreement. You should consult an attorney before entering this agreement.

15. The Customer may not assign or transfer this Agreement to any other person.

If the terms and provisions of this Agreement are acceptable, please indicate your acceptance and approval by signing and returning one copy of this Agreement.

Customer Signature ________________________

Address __________________________________

Date ___________________________________End of story

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