or cause to have such materials used for any purpose other than the performance of Service
Provider's obligations under this contract without the prior written consent of the City.
22. PUBLIC RECORDS Law, COPYRIGHTS, AND PATENTS. Service Provider expressly agrees
that all documenis ever submitied, filed, or deposited with the City by Service Provider Gncluding
those remitted to the City by Service Provider pursuant to paragraph 21), unless designated as
coniidential by a specific statue of the State of New Hampshire, shall be treated as public records
and shall be available for inspection and copying by any persona, or any governmental entity.
No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sdrt (e.g., electronic,
magnetic, digital) prepared by or supplied to Service Provider in the performance ofits obli gations
under this contract shall be the subject of any application for a copyright or patent by or on behalf
of Service Provider. The City shall have the right to reproduce any such materials.
Service Provider expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City or any ofits officers or employees, in either their
official or individual capacity, for violations of or infringement of the copyright or paient laws of
the United States or of any other nation. Service Provider agrees to indemnify, to defend, and to
hold harmiess the City, its representatives, and employees from any claim or action seeking to
impose liability, costs, and attorney fees incurred as a result of or in connection with any claim,
whether rightful or otherwise, that any material prepared by or supplied to Service Provider
inffinges any copyright or that any equipment, material, or process {or any part thereof) specified
by Service Provider infringes any patent.
Service Provider shall have the right, in order to avoid such claims or actions, io substitute at its
expense non-iniiinging materials, concepts, products, or processes, or to modify such infringing
materials, concepis, products, or processes so they become non-inffinging, or to obtain the
necessary licenses to use the infringing materials, concepts, producis, or processes, provided thai
such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract,
23. BINAL ACCEPTANCE. Upon completion of all work under the contract, Service Provider
shail notify the City in writing of the date of the completion of the work and request confirmation
of the completion from the City. Upon receipt of the notice, the City shall confimn to Service
Provider in writing that the whole of the work was completed on the date indicated in the notice
or provide Service Provider with a written list of work not completed. With respect ta work listed
by the City as incomplete, Service Provider shall promptly complete the work and the final
acceptance procedure shall be repeated. The date of final acceptance of a project by the City shalt
be the date upon which the Board of Public Works or other designated official accepts and
approves the notice of completion.
24, TAXES. Service Provider shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Service Provider hereby indemnifies and holds harmless the City from any
liability on account of any and all such taxes, levies, duties, assessinents, and deductions.
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