and Employers’ Liability polices must name the City of Nashua as an additional insured and reflect on the
certificate of insurance. Contractor is responsible for filing updated certificates of insurance with the City
of Nashua's Risk Management Department during the life of the contract.
All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.
If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage, Contractor
must maintain umbrella liability insurance of at least $1,000,000. All aggregates must be fully disclosed
on the required certificate of insurance.
The specified insurance requirements do not relieve Contractor of its responsibilities or limit the amount of
its liability to the City or other persons, and Contractor is encouraged to purchase such additional
insurance, as it deems necessary.
The insurance provided herein is primary, and no insurance held or owned by the City of Nashua shall be
called upon to contribute to a loss.
INDEMNIFICATION:
The Contractor agrees to indemnify, defend and hold harmless the City (the “Indemnified Party”) from
and against any and all liabilities, damages, losses, claims, causes of action, costs and expenses, of any
kind or nature (including but not limited to reasonable attorneys’ fees), incurred or sustained by or
asserted against the Indemnified Party in any manner directly or indirectly arising out of Contractor’s
work performed under this Agreement. However, the Contractor’s indemnification obligation shall not
apply to liability arising from the negligence or misconduct of the Indemnified Party
CONTRACTOR:
The Contractor agrees that it is completely independent from the City and is not an employee of the
City. The Contractor warrants that it may work for other individuals and/or entities.
CHOICE OF LAW AND VENUE:
The laws of the State of New Hampshire shall govern this AGREEMENT exclusively and any litigation
related to this AGREEMENT shall be brought to a court located in the State of New Hampshire.
CONFIDENTIALITY:
The Contractor acknowledges that, while performing service under this Agreement, the Contractor will
have access to information that is confidential. The Contractor will keep this information confidential
City of Nashua HOPWA contract Page 4
