Snow Removal Agreement

Snow Removal Agreement (Removal of Snow on Roads)

Snow removal agreement made on the , between a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Contractor, and , a municipal corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as City.

For and in consideration of $ , the receipt of which is acknowledged, Contractor agrees to scrape and remove snow from the public roads of City as provided below:

1. Snow Removal

Contractor shall scrape or remove snow from any City road whenever directed by the of the .

2. Compensation

The above-described consideration constitutes the minimum compensation to Contractor for removing snow from miles of City roads during the annual snow season. However, should the instruct Contractor to remove accumulated snow from additional lengths of City roads, Contractor shall do so for the additional consideration of $ per mile, payable within days of receipt by City of Contractor's invoice.

3. Equipment

Contractor shall acquire and maintain snow-removal equipment sufficient for removing snow within a reasonable time from the minimum number of miles of City roads as expressed in Section 2 above. Should it become necessary to acquire and maintain additional snow-removal equipment in order to service additional lengths of City road as directed by the , Contractor shall, at its own expense, make such additional acquisitions, provided that the estimated cost and expense of such acquisitions is not greater than % of the annual revenue to be derived by Contractor from the snow removal of the additional road miles. Where such estimated cost of acquisition exceeds the percentage of revenue mentioned above, the excess shall be paid by City to Contractor within days of receipt by City of Contractor's invoice.

4. Duration of Agreement

This Agreement becomes effective on its execution and shall continue until the conclusion of the last snowfall in City in .

5. Termination

This Agreement may be terminated on the giving of day’s written notice by either party.

6. 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.

7. 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.

8. Governing Law

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

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

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