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  2. Finance Committee - Agenda - 5/18/2022 - P125

Finance Committee - Agenda - 5/18/2022 - P125

By dnadmin on Sun, 11/06/2022 - 21:41
Document Date
Wed, 05/18/2022 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/18/2022 - 00:00
Page Number
125
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051820…

SECTION 14. COMPLIANCE WITH APPLICABLE LAW, INCLUDING HEALTH,
SAFETY, AND ENVIRONMENTAL REGULATIONS,

The Contractor, and its respective employees, shall comply fully with all applicable federal, state, and
local laws, including but not limited to health, safcty, and environmental laws, ordinances, rules and
regulations, including but not limited to those promulgated by the City and by the Occupational Safety
and Health Administration (OSHA), in the performance of the services required under this contract. In
case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and
hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties
and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph
(collectively, “Indemnified Claims”). Notwithstanding anything to the contrary, the Contractor shall
have no liability to the City and no obligation to indemnify and hold the City harmless if any claim,
demand, suit, action, judgment, fine, penalty or liability is caused by the City’s failure to satisfy or perform
its obligations under this contract, including the City’s promise to maintain the access facility used by
Contractor substantially in accordance with legally required regulations.

SECTION 15. POLITICAL ADVERTISING.

No funds received by the Contractor from the City or as a result of services provided under this contract,
shall be used for political advertising. Political advertising includes, but is not limited to, any
communication with the public to further the appointment, election, defeat or removal of any applicant,
incumbent, or candidate for public office, or any communication with the public to influence the
passage, defeat or final content of any federal, state, or legislation, however, the foregoing is intended to
apply to political advertisements, and not apply to bona fide political speech. The contractor shall
comply with any and all laws applicable to 501(c)3 nonprofits not supporting or opposing candidates or
intervening in campaigns, subject to members of the public, but not the contractor, having lawful public
access rights relative to bona fide political speech that is not advertising.

SECTION 16. RIGHTS TO PROPOSAL, CONTRACTUAL MATERIAL, AND
COPYRIGHTABLE MATERIAL.

When copyrightable documents, audio/video productions or any materials are produced by Contractor
for the purpose of providing services under this contract, the program producer and City shall have joint
ownership of any copyrighted materials and the City is hereby granted a perpetual, royalty free license
to these copyrighted materials for any municipal purpose (other than commercial exploitation) The
parties agree that the term ‘commercial exploitation’ shall not restrict City's ability to allow the public to
obtain copies of the materials upon payment of customary and reasonable duplication fees. In the event
the Contractor is the producer of a program, programs produced by the Contractor hereunder shall be
deemed works for hire in which both the Contractor and the City shall share joint copyright.

SECTION 17. INDEPENDENT CONTRACTOR.
The contract shall not be construed as creating an employer/employee relationship, a partnership, or a

joint venture. The Contractor’s services shall be those of an independent contractor as between the
City and the contractor. The Contractor agrees and understands that the contract does not grant any

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Finance Committee - Agenda - 5/18/2022 - P125

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