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  2. Finance Committee - Agenda - 5/18/2022 - P152

Finance Committee - Agenda - 5/18/2022 - P152

By dnadmin on Sun, 11/06/2022 - 21:42
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
152
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051820…

D. the filing of any lien or attachment against any property or bank account of Contractor

E. the filing of any other legal cause of action directly relating to the services funded or provided
under this agreement

SECTION 27. ASSIGNMENTS.

Contractor shall not transfer, pledge or otherwise assign this Contract or any interest therein, or any claim
arising there under, to any other party, bank, trust company or other financial institution. Any purported
transfer or assignment made in violation of this section is null and void.

SECTION 28. NO THIRD PARTY BENEFICIARIES.

This Contract does not confer any enforceable rights to any person or entity, which is not a party to this
Contract.

SECTION 29. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS.

The Contractor shall comply with all applicable laws, rules, regulations, procedures and policies of the
Federal, State and local governments.

SECTION 30. LEGAL AUTHORITY.

The persons executing this Contract on behalf of Contractor represent and warrant that they are duly
authorized and empowered to execute this Contract, that Contractor has taken all action necessary to
approve this Contract, and that this Contract is a lawful and binding obligation of Contractor.

SECTION 31. SEVERABILITY OF PROVISIONS.

If any provision of this Contract, or its application to any person or set of circumstances is held to be
unconstitutional, invalid, or unenforceable, that holding shall only affect the words, phrases, clauses, or
provisions so held, and such holding shall not affect the remaining portions of this Contract, this being the
intent of the Parties in entering into this transaction; and all provisions of this agreement are declared to
be severable for this purpose.

SECTION 32. NON-WAIVER OF PERFORMANCE.

In no event shall any payment, act, or omission in any manner impair or prejudice any right, power,
privilege, or remedy available to the City to enforce its rights hereunder, which rights, powers,
privileges, or remedies are always specifically preserved. No waiver by the City of any one or more of
Contractor’s defaults shall operate as an express or implied waiver of any other existing or future default.
Waiver by the City shall not be deemed a practice or course of dealing between the parties contrary to the
express terms of the Contract.

SECTION 33. CONTRACT ENTIRE AGREEMENT.

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Finance Committee - Agenda - 5/18/2022 - P152

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