After a staff turnover, I have discovered that our business entity has a contract with a Trash removal service that contains an Evergreen Clause. The original contract was signed 07/01/1990 for (3) three years with a automatic renewal for (3) three years. Contract can be terminated at the end of any (3) three year period by either party, subject to a (60) day written notification. Other verbiage states, They (service provider) will notify us of contractual rate changes (30) days prior to effective date. **we have no written record of the changes that have occurred over this policies lifespan. Original rate was $71.36 per month, current rate is $169.00 Also, stated in the agreement dated, 07/01/90, is that "customers consent may be evidenced by the practiced and actions of the parties."
This agreement is, according to the service provider, in effect until 07/01/2008. We have the ability to acquire Waste Removal Service from another provider for the same size container for $62 per month, on a month-to-month basis. Can we break the agreement with our current provider, in order to pursue a more suitable rate.
This agreement is, according to the service provider, in effect until 07/01/2008. We have the ability to acquire Waste Removal Service from another provider for the same size container for $62 per month, on a month-to-month basis. Can we break the agreement with our current provider, in order to pursue a more suitable rate.
