Seasonal Winter Template

SEASONAL WINTER TEMPLATE

This Seasonal Winter Services Agreement (the "Agreement") is entered into as of (the Effective Date), by and between Client Name: located at and Service Provider Name: located at .

WHEREAS

WHEREAS, Client requires seasonal winter services including but not limited to snow removal, de-icing, ice management and related site maintenance for the Premises described herein; and

WHEREAS, Provider represents that it is duly qualified, experienced and insured to perform such winter services and agrees to provide personnel, equipment and materials in accordance with the terms of this Agreement; and

WHEREAS, the parties desire to set forth their mutual rights and obligations in writing;

1. Scope of Work

Provider shall perform the winter services described below at the Premises in a professional manner and in accordance with industry standards. Services shall include mobilization, snow removal from designated areas, ice control, application of de-icing materials, snow hauling if required, and routine inspections during the Term.

2. Payment Terms

Client shall pay Provider as consideration for the services performed under this Agreement as set forth below.

Late payments shall incur interest at a rate of on amounts past due, calculated monthly, plus any collection costs and reasonable attorney fees.

3. Term and Termination

This Agreement commences on and expires on unless earlier terminated in accordance with this Section.

Either party may terminate for material breach if the breaching party fails to cure such breach within days after written notice specifying the breach. Termination does not relieve Client of payment obligations for services rendered through the effective date of termination.

The Agreement shall automatically renew for additional seasonal terms of similar duration unless either party provides written notice of non-renewal at least the number of days specified above prior to the then-current term expiration.

4. Confidentiality

Each party shall treat as confidential all non-public business information obtained from the other party in connection with this Agreement ("Confidential Information"). Confidential Information shall not include information that is or becomes generally available to the public through no fault of the receiving party, or that is rightfully received from a third party without restriction. The receiving party shall use Confidential Information solely to perform its obligations under this Agreement and shall not disclose it to third parties except employees, agents or subcontractors who have a need to know and are bound by confidentiality obligations at least as protective as those set forth herein.

Confidentiality obligations shall survive termination or expiration of this Agreement for a period of years.

5. Insurance; Indemnity

Provider shall maintain, at its expense, commercial general liability insurance, automobile liability insurance and workers' compensation insurance in amounts customary for the industry. Provider shall provide certificates of insurance upon request. Provider agrees to indemnify and hold harmless Client from and against claims, liabilities, damages and expenses arising from Provider's negligent acts or omissions in the performance of the services, except to the extent caused by Client's gross negligence or willful misconduct.

6. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. Exclusive jurisdiction for any dispute arising hereunder shall be in the state or federal courts located within that State.

7. Entire Agreement; Modification

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether oral or written. No amendment, modification, or waiver shall be effective unless in writing and signed by authorized representatives of both parties.

8. Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Provider may assign its rights to a successor upon written notice to Client.

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