Snow Plowing Agreement

Snow Plowing Agreement

This Snow Plowing Agreement is made on the (date), between of (street address, city, state, zip code), referred to herein as Owner, and a corporation organized and existing under the laws of the state of , with its principal office located at (street address, city, state, zip code), referred to herein as Contractor.

Whereas, the Owner wishes to contract with a suitable contractor for snow plowing; and

Whereas, Contractor wishes to contract with Owner for snow plowing services; and

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Scope of Services

Contractor, upon the conditions hereinafter set forth, agrees to perform snow plowing services at (street address, city, state, zip code), hereinafter called the Premises, including:

A. All drives around the building located on the Premises;

B. Any parking lots around the building located on the Premises; and

C. Any other parking lots and drives owned by Owner on the Premises.

2. Time of Performance

Upon the accumulation of (e.g., one or more inches of snow) , Contractor is required to plow snow from the areas described in Paragraph 1, above. Snow plowing of all areas described in Paragraph 1 above must be performed within the hours of (time) and (time).

3. Term of Agreement

The term of this Agreement shall commence on the day this Agreement is signed and is effective for (e.g. one year) .

4. Compensation

Owner agrees to pay Contractor the per encounter amounts, described in Exhibit A attached hereto and made a part hereof, for the services described above. Payment is due within (number) of days after presentation of the invoice by Contractor to Owner.

5. Insurance

Contractor shall procure, carry and maintain comprehensive general liability insurance, which includes coverage for damage to or destruction of curbs, car stops, driveways, and ramps. Contractor shall also procure, carry and maintain automobile insurance on all vehicles performing the services described in Paragraph 1, above. Such insurance shall be in an amount not less than and shall name Owner as an additional insured on the policy of insurance described above.

6. Indemnity

Except as provided herein, Contractor shall indemnify and hold harmless the Owner from any and all damages, claims, lawsuits, demands and other actions resulting out of the performance of services described in Paragraph 1, above, and from the breach of any of the provisions of this Agreement.

7. Failure to Perform

Time is of the essence for Contractor to perform of its obligations under this Agreement. If Contractor fails to perform its snow plowing services within the parameters established in Paragraph 1 and 2 above, Owner reserves the right to secure replacement snow plowing services. If Contractor fails to perform within the parameters established in Paragraph 1 and 2 above, Contractor shall be considered to be in default of this Agreement and subject to termination provisions set forth in Paragraph 8, below. If the replacement snow plowing services cost the Owner more than Contractor would have charged for that work, Owner may deduct any excess amounts paid from any payments then due and owed to Contractor. This provision in no way restricts or diminishes any other rights the Owner may have to enforce, or seek relief for the breach of this Agreement.

8. Default and Termination

In the event either Party shall fail or refuse to satisfy their obligations set forth herein or otherwise breach the terms contained in this Agreement, the Party in question shall be in default, and the non-defaulting party may, unless said default is cured within days after written notice of said default is delivered to the defaulting Party, terminate this Agreement.

9. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

10. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

11. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

12. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

13. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

14. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

15. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

16. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

17. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

18. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

19. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.

Attach Exhibit A