written approval of the City of Nashua, except in the event of termination of employment.
Independent Contractor shall, if requested to do so by the City of Nashua, remove from the
job any personnel whom the City of Nashua determines to be incompetent, dishonest, or
uncooperative.
City of Nashua Representative. The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Independent Contractor, and any other communication about the contract shall be
addressed or be delivered to the City of Nashua Representative.
Changes to Scope of Work. The City of Nashua may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work
to be performed, either increasing or decreasing the scope, character, or cost of Independent
Contractor's performance under the contract. When Independent Contractor seeks changes,
Independent Contractor shall, before any work commences, estimate their effect on the cost
of the contract and on its schedule and notify the City of Nashua in writing of the estimate.
The proposal for a change shall provide enough detail, including personnel hours for each
sub-task and cost breakdowns of tasks, for the City of Nashua to be able to adequately
analyze the proposal. The City of Nashua will then determine in writing if Independent
Contractor should proceed with any or all of the proposed change.
Except as provided in this paragraph, Independent Contractor shall implement no change
unless the City of Nashua in writing approves the change. Unless otherwise agreed to in
writing, the provisions of this contract shall apply to all changes. The City of Nashua may
provide verbal approval of a change when the City of Nashua, in its sole discretion,
determines that time is critical or public health and safety are of concern. Any verbal
approval shall be confirmed in writing as soon as practicable. Any change undertaken
without prior City of Nashua approval shall not be compensated and is, at the City of
Nashua's election, sufficient reason for contract termination.
TERMINATION OF CONTRACT
A. Termination, Abandonment, or Suspension at Will. The City of Nashua, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project
and contract at will. If the City of Nashua chooses to terminate, abandon, or suspend all
or part of the project, it shall provide Independent Contractor 10 days’ written notice of its
intent to do so.
If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Independent
Contractor shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.
3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under the
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