11.3 Any claim or action brought relating to this agreement, the work performed or
contracted to be performed thereunder, or referable in anyway thereto shall be brought
in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in
the New Hampshire 9" Circuit Court ~ Nashua and not elsewhere.
12. NO DAMAGES FOR DELAY
12.1 No payment, compensation, or adjustment of any kind shail be made to Agency for
Damages because of hindrances or delays in the performance of Provider under this
Agreement from any cause.
13. ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING
13.1 Agency and Provider shall not assign, transfer, delegate, or subcontract any rights,
obligations, or duties under this agreement without the prior written consent of the other
party. Any such assignment, transfer, delegation, or subcontracting without the prior
written consent of the other party is void. Consent shall be unreasonably withheld.
Consent to any assignment, transfer, delegation, or subcontracting shall only apply to
the
incidents expressed and provided for in the written consent and shall not be deemed to
be a consent to any subsequent assignment, transfer, delegation, or subcontracting.
Any
such assignment, transfer, delegation, or subcontract shall require compliance with or
shall incorporate all terms and conditions set forth in this agreement, including any
incorporated exhibits and written amendments or modifications. Subject to the
foregoing
provisions, the contract inures to the benefit of, and is binding upon, the successors and
assigns of the parties.
14. INDEMNITY
To the extent of its liability insurance coverage, the Provider agrees to indemnify the
Agency of and from any and all personal injury and property damage claims which may
result from the Provider's operation of its motor vehicles. The Provider shall provide the
Agency proof of insurance upon request.
