ICE REMOVAL POLICY
Blizzard Services LLC and the Client agree that the following terms govern the removal of accumulated ice on any surface Blizzard Services LLC is required to clear.
Notwithstanding any inconsistent provision of this Agreement, if ice accumulates on any surface that Blizzard Services LLC is required to clear pursuant to this Agreement, and the depth of such accumulated ice exceeds 1/16″, then the following terms apply:
Client-Directed Delay or Withholding
If the Client directs Blizzard Services LLC to delay or withhold ice removal services for any period of time, then the Client shall indemnify and hold Blizzard Services LLC harmless to the fullest extent permitted by law, against any losses, damages, fines, penalties, costs, or indemnity claims that may arise against Blizzard Services LLC, its owners, agents, sub-contractors, or employees, with regard to any such withholding or delay of services.
Client-Directed Ice Removal Outside Original Scope
If the Client directs Blizzard Services LLC to perform ice removal services that are not part of the original scope of work, then Blizzard Services LLC shall be promptly compensated for removing such accumulated ice according to Blizzard Services LLC’s current, time-and-materials pricing schedule for emergency snow and ice removal services.
The Client shall waive for itself, indemnify, and hold Blizzard Services LLC harmless, to the fullest extent permitted by law, against any losses, damages, fines, penalties, costs, or indemnity claims that may arise against Blizzard Services LLC, its owners, agents, sub-contractors, and employees relating to the use of de-icing chemicals or equipment (which may include pick axes, spades, shovels, and power equipment) to remove the accumulated ice.
The Client acknowledges that nearby plant materials and property (including concrete, wood, and stone walking or parking surfaces and stairways) may be damaged during the removal of accumulated ice without any negligence on the part of Blizzard Services LLC, and that Blizzard Services LLC offers no express or implied warranty against such damage.
If air temperatures drop below a level where, in Blizzard Services LLC’s sole discretion, additional quantities or other forms of ice melting materials are required for effective ice removal, then the additional costs associated with those materials and their application, whether based on additional volume or choice of materials used, shall be paid by the Client. Blizzard Services LLC will notify the Client when it determines that additional or other types of ice removal are required.