4.2. In performing hereunder, CITY shall comply with ail applicable laws, ordinances,
regulations and codes of the federal, state and local governments.
4.3 Interruption of Servics/Non-Parformance
CITY and NTS shail not be in default of any provisions of this Agreement for failure to perform
where such failure is due to strikes, walk-outs, civil insurrections or disorders, order of civil
authoritles, shortages of motor fuel or equipment, significant funding reductions, acts of Gad, or
for any other cause or causes beyond the control of CITY or NTS.
SECTION 5:
5.1 Records.
i) The Federal Transit Administration (FTA), the NHDOT, the Comptroller Genera! of the
United States, or any designee shali have access to any books, documents, papers and records
which are pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcriptions,
ii} NTS will provide a ridership information raport ta SVTC for each month that Paratransit
Service is provided. Substantiva madifications to the content or format of the repart as
developed between 2008 and 2022 will be mutuaily agreed to in writing by SVTC and
NTS.
iii) From time to time, addifional information may be needed for such things as securing
funding and mesting grant requirements. SVTC and NTS will review these requirements
in advance to arrive at a mutually agreed upon dataset and timeframe.
iv} NTS shail provide the Hours-Miles-Mobility-Denial report to NRPC on a quarterly basis.
¥) NTS shall provide an updated copy of the client list upon request to SVTC but not more
than four times per calendar year.
5.2 Covenant Against Contingent Fees.
8oth parties warrant that no person has been employed or retained to solicit ar secure this
Agreement upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee; and that no member of Congress, CITY Board, the SVTC Board or any
employee of CITY or SVTC, has any interest, financiaily or otherwise, in this Agreement.
5.3 Alteration in Character of Work. Minor alterations in the character of wark shall be
authorized in writing by SVTC and acknowledged by CITY by ietter.
5.4 Termination
SVTC and CITY hereby agree to full performance of tha covenants and obligations contained
herein, except that each reserves the righi, at its option and sole discretion, to tenminate the
service provided for In this Agreement, or any portion thereof. Tarmination of this Agreement
may be at any time and for any reason, with or without cause, upon providing thirty (30)
calendar days prior written notice. Termination shall be effected by delivery of a Notice of
Termination specifying the extent to which performance of work under the Agreement is
terminated, and the date upon which such termination becames effective. Upon termination,
CITY shall calculate actual expenses incurred up to and including the date of termination
together with any penalty or costs imposed by other funding sources or contracts and any costs
attributing to Section 13(c} of the Federal Transit Act of 1964, as amended, the total of which is
hereinafter referred to as "tennination costs.” If SVTC has paid CITY sums in excess of the
termination costs, CITY shall refund the excess: if SVTC has paid CITY an amount less than the
6
