Fill and Sign the Transportation Agreement Template Form

Transportation Agreement Between Private Bus Company and Hotel, Motel or Restaurant Agreement made on the ____ day of ________________________, 20____, between ____________________________________________________ (Bus Company) , a corporation organized and existing under the laws of the state of ___________________________________, with its principal office located at __________________________________________________ ______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code) , referred to herein as Bus Company, and _____________________________________________ ________________________________ (Hotel), a corporation organized and existing under the laws of the state of _______________________________________________, with its principal office located at ________________________________________________________________ ______________________________________________________________________________ _________________________________________ (street address, city, county, state, zip code), referred to herein as Hotel . 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. Bus Company will furnish and operate sufficient and suitable buses to transport guests of Hotel and their baggage from such points in __________________________________________ ____________________________________________ (city & state), hereinafter called the City , and at such fares designated in Exhibit A attached hereto and made a part hereof. Said transportation will include transporting guests of Hotel and their baggage to the Hotel and from the Hotel to designated points in the City. 2. Hotel will recommend to its guests the transportation services to be furnished by Bus Company under this Agreement. Hotel , however, shall not be responsible to Bus Company for the failure of any of Hotel’s guests to use these services. 3. Insofar as reasonably practicable, this transportation service shall be performed over the route or routes affording the most expeditious service between the points referred to above. 4. Bus Company shall promptly furnish transportation service under this Agreement at any and all times during the day and night as Hotel may from time to time request. Insofar as reasonably practicable, Hotel will give Bus Company reasonably adequate advance notice by telephone as to the number of passengers to be carried and the times and points at which they are to be picked up. 5. 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. 6. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ___________________________________. 7. 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. 8. 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. 9. Mandatory Arbitration Notwithstanding the foregoing, 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. 10. 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. 11. 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. 12. 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. 13. 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. WITNESS our signatures as of the day and date first above stated. ___________________________________ ____________________________________ Bus Company Hotel By_____________________________________ By_________________________________ ________________________________________ ____________________________________ (Name and Office in Corporation) (Name and Office in Corporation)