16. In the event snow accumulation in excess of 450 cm occurs, the Customer(s) agree to pay additional fees on a per-centimeter basis calculated as follows:
Example: (based on a contract value of $500.00 and 100 extra centimeters) [Contract Price] divided by [450 cm] = [additional price per cm] times [amount of cm] $500 / 450cm = $1.11/cm x 100cm = $111.00
17. The Customer(s) agree to pay any and all additional fees on or before April 31st of the contracted year.
18. If any payments due and owing under this Agreement are not received within the specified time frames, monthly cumulative interest shall begin to accrue at the rate of 2% per month on all amounts due and owing.
19. The Contractor shall provide to the Customer(s) a $50.00 credit toward their next Term, if agreed to be renewed by the Contractor and the Customer(s) provided that:
a) A total accumulation of less than 200 cm occurs during the Term; and
b) The Contractor performed twelve (12) or less visits to the Subject Property during the Term.
20. Prior to the commencement of the Term and for the duration of the Term, the Customer(s) agree to remove any removable lamppost lights and/or portion of the lamppost (including, but not limited to, the lamppost tops). In the event the Customer(s) fails to remove the lamppost lights, the Customer(s) release the Contractor from any and all liability for damage to the lampposts caused directly or indirectly by the Contractor whether resulting from negligence or otherwise. In any event, the Contractor shall not be responsible for the repair, replacement, or cost for any damaged removable lampposts which have not been removed by the Customer(s) prior to the commencement date of the Term.
21. The Customer(s) agree to provide the Contractor with a minimum 12ft of clearance for any Serviced Areas (save for walkways). In the event there is not at least 12ft of clearance and, notwithstanding any other term in this Agreement, the Contractor shall not be responsible for providing any Snow Clearance services to the Serviced Area. More specifically, and without limiting the generality of the foregoing, the Contractor shall not be responsible for clearing snow under low hanging tree branches, in car ports, or under low hanging eves or any other area where there is not a minimum of at least 12ft of clearance.
22. The Customer(s) shall be solely responsible for removing any and all chattels from the Serviced Area prior to each snowfall. The Contractor shall not be liable for any and all damage caused as a result of movable chattels remaining in the Serviced Area including, but not limited to, basketball nets, garbage/recycling bins, plant pots, bikes, skis, toys, hockey nets/sticks, extension cords, and Christmas lights.
23. The Customer(s) shall rotate and/or remove any basketball nets overhanging the Serviced Area so that there is at least 12ft of clearance for the Contractor to provide Snow Clearing services.
24. The Customer(s) shall also, prior to the commencement date of the Term:
a) remove any gutter down pipe extensions interfering with the Serviced Area; and
b) hammer down or remove any elevated water main caps interfering with the Serviced Area.
25. In the event the Customer(s) fail to comply with any term in this section the Contractor shall not be responsible for Snow Clearing the interfered area. Any interfered area which was unable to be serviced and is later requested by the Customer(s) to be serviced shall be at an additional charge to the Customer(s).
26. In the event vehicles are parked in the Serviced Area during Snow Clearing, the Contractor shall only perform Snow Clearing from accessible Service Areas that open onto a public roadway
27. The Contractors are not associated in any way with the Corporation of the City of Sault Ste. Marie municipal snow services and do not guarantee in any way when or how those municipal services shall be provided to the Customer(s).
28. In the event the Corporation of the City of Sault Ste. Marie has cut the municipal streets of hard-pack snow, the Customer(s) shall contact the Contractor to request Snow Clearing services to remove same.
29. The Contractor shall in no way be liable, responsible, or accountable in any way whatsoever to the Customer(s) or any other person for any damage caused or done whether directly, indirectly, or as a result of the negligence of the Contractor to or for:
a) Any damage to the Customer(s) lawn, flower beds, trees, or garden;
b) Any rocks, sand, or debris which is blown onto the Customer’s lawn as a result of Snow Clearing services; or
c) Scratches, marks, rust, chips, cracks, or any other damage of any kind to the Customer’s driveway or Serviced Areas whether arising as a result of uneven asphalt or uneven interlock surfaces or otherwise.
30. The Contractor shall not be responsible in any way whatsoever for slippery or icy conditions and excludes any and all liability whatsoever under the Occupier’s Liability Act. The Customer(s) agree to indemnify and save the Contractor harmless from any claims which arise as a result of slippery, icy, dangerous, or defective conditions at the Subject Property or Serviced Areas.
31. The Customer(s) agree and warrant to the Contractor they will obtain and maintain a policy of General Home Insurance during the Term and further guarantee to the Contractor such policy of insurance is satisfactory to cover any claims under the Occupier’s Liability Act.
32. Notwithstanding any other term in this Agreement, including if the Contractor has agreed to provide sanding and/or salting services to the Customer(s) the sanding and salting of the driveway or any other Serviced Area to a safe condition shall be the sole responsibility of the Customer(s).