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3) provide for thirty (30) days’ written notice of cancellation / termination to

14.

Customer.

Delivery to and examination or approval by either party of any certificates of
insurance or other evidence of insurance shall not relieve the other party of
any of its indemnification or insurance obligations under this Agreement.

INDEMNITY

Each party (the “Indemnifying Party”) shall indemnify, defend and save the
other party, its officers, and employees (the “Indemnified Party”) harmless
from and against any claims, proceedings, fines, penalties, expenses and costs
(including reasonable legal costs) that are incurred by, or made or instituted
against, any of them or to which any of them may be liable by reason of the
Indemnifying Party carrying out or failing to carry out any obligation to
which it is subject, or exercising any right to which it is entitled, under this
Agreement except to the extent that the same are caused by the negligence or
deliberate wrong-doing of Indemnified Party or other person entitled to
indemnification under this Section.

Except as expressly provided herein, neither party or its respective
employees, agents, officers or directors, shall be liable for any incidental,
indirect, consequential, punitive or special damages, including without
limitation loss of revenue or profit or other economic losses, delay damages,
increased costs of production, incremental cost of new equipment, pain and
suffering, emotional distress or similar damages even if such party has been
advised of the possibility of such damages.

The right of indemnification granted to the Indemnified Party under this
Section 14 shall extend to any amount paid by that person in the settlement
of any claim against it, and in entering into any such settlement, that person
may exercise its reasonable discretion as to the amount to be paid, but that
person shall serve prior notice of any intended settlement on the
Indemnifying Party at least five (S) business days prior to agreeing to any
such settlement.

The rights to indemnity provided for in this Section shall be deemed to be in
addition to any rights with respect to insurance in favor of the Indemnified
Party, its officers, and employees, provided under the Agreement.

The rights to indemnity provided for in this Section shall survive the
expiration or any termination of the Agreement.

Graham, Donna
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From: Marie Mayotte
Sent: Monday, February 28, 2022 3:44 PM
To: Board of Aldermen

Subject: Concrete Barriers on Main St.

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is
unknown.

As a resident of Nashua this past summer, and a resident of Greater Nashua for 40 years, the availability of
outdoor dining these past few summers has been delightful. I appreciate the safety provided by the concrete
barriers and I'd like to see the use of the barriers continue.

Thank you for your consideration.
Marie Mayotte

160 Daniel Webster Highway, Unit 223
Nashua, NH 03060

Graham, Donna

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From: dot knightly aie

Sent: Monday, February 26, 2G22 3:49 PM

To: Board of Aldermen

Subject: No more barriers

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is
unknown.

Please no more barriers. I avoid downtown as much as possible with the barriers up. Too much traffic and
downtown looks like a ghetto. Even people from out of town can't believe how horrible it looks. There's not
many people eating outside anyway. It's a total waste.
Respectfully,
Dorothy Knightly
10 Demanche St.
Nashua

Graham, Donna

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From: Mark Duffett
Sent: Monday, February 28, 2022 4:23 PM
To: Graham, Donna
Subject: Fwd: Outdoor Dining - YES!!!

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is
unknown.

Deer Ms. Graham,

I have always loved the atmosphere of dining outside. | love spending my time and money at local downtown
eateries: Martha’s Exchange, Peddler’s Daughter, Odd Fellows, Jajabelles, Main St Gyro, Farmers Market,
(Bagel Alley too, but I know they don’t have outdoor dining; they should!), etc.

These past few years, I have loved, loved spending time outdoors at these local downtown restaurants with
friends and families. Outside! In a vibrant alive downtown Nashua!

Outdoor dining makes the Nashua downtown come alive! It’s a walkable living city; what an awesome
atmosphere.

Please, please, please, allow the outdoor dining to continue!
Thank you,

Mark Duffett
Yarmouth Dr, Nashua NH

Graham, Donna

From: Beth Scaer aren recceeacel
Sent: Monday, February 28, 2022 4:31 PM

To: Board of Aldermen
Subject: Feedback on downtown barriers

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is
unknown.

Dear Aldermen,

In the Nashua Library's recently-published strategic plan, available at https://www.nashualibrary.org/wp-
content/uploads/2022/02/Strategic-plan-2022-2024-.pdf, they published a survey of community members, One
of the questions was "What are the difficulties and the challenges of living in Nashua?" Here are the responses:

What are the difficulties and the challenges of living in Nashua?
@ Not living very close to the beach
* Traffic on Main Street
e Climate change

Here are the details on how the survey was administered:

In order to create a cohesive, actionable plan, the Board and staff reviewed a wide variety of existing data,
conducted a Community Survey and a Teen Survey, and gathered input from staff/Board through surveys and
an environmental scan and SOAR analysis. A series of virtual and in-person community focus groups were
held with 35 community members attending, and 6 community members also participated in interviews. The
Community Survey was completed by 428 community members, and the Teen Survey was completed by 10
teens; both surveys were key for understanding current NPL strengths, services valued by the community, and
areas of focus for future growth.

Please take into consideration this complaint that traffic on Main Street is one of the biggest challenges of living
in Nashua when making your decision on extending the use of barriers downtown, which have a huge impact on
Main Street traffic.

Beth Scaer
111 E Hobart St, Nashua

Graham, Donna

From: Kimberly Silverman <

Sent: Monday, February 28, 2022 5:48 PM
To: Board of Aldermen

Subject: Main Street barriers

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is unknown.
To our esteemed board:
lam strongly opposed to having downtown barriers again.

Personally, | would not eat outside on a main street that has that much traffic. | do not want dirt and fumes pelting my
food as | eat. Just look at the dirt that collects on snawbanks along busy streets. No, thank you.

| also believe it is not fair to business that aren’t restaurants. The barriers take up parking spaces and | believe that
includes handicapped spaces.

While barriers helped restaurants when they couldn’t have indoor dining, it is no longer necessary. We are past that
now. Those that want to have outdoor dining can still do so without barriers.

The barriers make the street look and feel like a construction zone. | avoid those zones whenever | can. That includes
Main Street.

Thank you for your time.
Sincerely,

Kim Silverman
101 1/2 Gilman St, Nashua

Serra

Graham, Donna

From: Cheryl Roy

Sent: Monday, February 28, 2022 6:53 PM
To: Board of Aldermen

Subject: Downtown barriers

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is unknown.

To whom it may concern,

As a resident in the city of Nashua, | STRONGLY oppose the idea of the barriers to remain downtown. They are an
absolute eyesore to look at, and make driving through downtown a nightmare. | stopped filling my prescriptions at CVS
because it took so long to get through to get there. | live half a mile from downtown and opted to switch pharmacy’s
because of the delays they cause. | have witness a few times, emergency vehicles having a problem getting through! Not
to mention you insisted on spending taxpayers money on the Performing Arts Bldg. and you want people to have to look
at that mess? | can’t believe that this is even put on the table. No barriers please!!

Cheryl Roy
Hill Street

Sent from my iPad

Graham, Donna

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From: Eric Bergeson 4

Sent: Monday, February 28, 2022 7:04 PM

To: Graham, Donna

Subject: Concrete Barriers on Main Street

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is
unknown.

My purpose in writing is to express my disagreement with the continued use of concrete barriers in The City of
Nashua’s downtown area, specifically, Main Street. They unreasonably restrict parking, forcing people to use
parking garages or forgo going into town altogether. When I look at Main Street, it looks like a continuous
construction zone, and is the least welcoming downtown in Southern New Hampshire. Personally, my wife and
I avoid downtown because of the lack of on-street parking. How the merchants in the downtown area live with
this situation is beyond me.

If the BOA is considering leaving the barriers for any length of time, I think it is a mistake. We no longer have
coronavirus lingering around every corner and it makes sense to allow citizens of Nashua to be free of
reminders of the past two years of restrictions of our freedoms.

Respectfully,

Eric T. Bergeson
44 Fotene St.
Nashua 03062

Sent from my iPad

Graham, Donna

From: That Girl

Sent: Monday, February 28, 2022 7:34 PM
To: Board of Aldermen

Subject: Main Street

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is
unknown.

| have lived in Nashua my whole life, I'm 51, been a homeowner for the past 27, and | have never seen such a bad idea
as toe barriers on Main Street. It states that it reduced traffic congestion on Main Street, well that is because we ail
avoided Main Street because of the barriers. Please vote Not to return them!!!

Nicole Vignola
102 Lund Road
Nashua, NH

Graham, Donna

From: PRISCILLA A SINCLAIR

Sent: Monday, February 28, 2022 8:05 PM

To: Board of Aldermen

Subject: Concrete Barriers downtown Nashua - opposed

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is unknown,

| would like to voice my opposition to continuing ANY concrete barriers on Main St in downtown Nashua. | feel they are
very unattractive to our beautiful downtown and interfere with traffic and parking. When they are in place | go out of
my way to avoid going downtown or to do any business there. Please vote no to ALL barriers!

Thank You,
Priscilla Sinclair

3 Kirkwood Dr
Nashua NH 03064
Ward 3

Sent from my iPad