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during that Snowfall, the Contractor will return to perform the Fixed Price Work in accordance with the Drawings and Specifications within 24 Hours following the end of that Snowfall.

2.4Where the Owner and Contractor cannot agree as to whether or not a Snowfall has occurred in any particular circumstance, the records of Environment Canada for the location nearest the Premises will be utilized to determine same.

3.  Ice Melting Services

3.1The Contractor shall perform Ice Melting Services (the “Ice Melting Services”) as follows:  

(Select either A or B, below, by crossing out the inapplicable section).

A.The Contractor shall at his sole discretion apply Salt, Sand, Calcium or ________ (the “Ice Melting Products”)  to the Premises in accordance with the Drawings and Specifications.  In determining whether or not to apply Ice Melting Products in any particular circumstance, the Contractor shall act reasonably, shall monitor the weather in the vicinity of the Premises and shall apply the standards of the custom of the snow and ice maintenance industry.

or

B.The Owner shall at its sole discretion determine if it wishes to have Salt, Sand, Calcium or ________ (the “Ice Melting Products”) applied at the Premises.  The Owner may request that Ice Melting Products be applied by

_________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(describe how Owner is to contact Contractor to request applications) and upon receiving a request to apply Ice Melting Products, the Contractor shall respond to the request within a commercially reasonable period of time.

3.2The Contractor will be compensated for applying the Ice Melting Products as follows:   (Select either A or B, below, by crossing out the inapplicable section).

A.The application of Ice Melting Products is included in the Price for the Fixed Price Work described at Article 2, above

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