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Snow Removal Agreement (Removal of Snow on Roads) Snow removal agreement made on the _________________ (date), between ____________________________ (Name of Contractor) 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, and ____________________________ (Name of Political Subdivision, e.g., City) , a municipal 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 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 _________________ (City official) of the _________________________________ (Name of City department) . 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 __________________ (authorized City official) 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 _____________ __________ (authorized official) , 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 _________ (year). 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 WaiverThe 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. __________________________ ____________________________ (Name of Contractor) (Name of City) By:______________________________ By:_____________________________ ________________________ ________________________ (Printed name & Office in Corporation) (Printed name & Office in City) ________________________ ________________________ (Signature of Officer) (Signature of City Official)