payment set forth in Section 5.B above. This payment shall be decreased by any payments made
in advance to Contractor for the sixty (60) days.
C. Upon receipt of notice of termination, the Contractor shall cancel, withdraw, or otherwise
terminate any ouistanding orders or subcontracts relating to the performance Contractor's
obligations under this contract. The City shall not be liable to the Contractor or Contractor’s
creditors for any expenses, cncumbrances or obligations whatsoever, incurred after the date
Contractor receives notice of termination, Failure to terminate outstanding orders or subcontracts
relating to the performance of this contract}is a material breach of this contract. wt tor
coe oaovet, Cuby Chad be. habla. Tor payee fee, ct
SECTION 22. MODIFICATIONS. co nes pendurel! by Canbractor up tec ous & date inchek
Lecramacbion. lends ith doy cu tejexpenres ond) bethacd!
The contract can be modified or amended only in writing and signed by both parties. No pre-printed or PAuches
similar terms on any Contractor invoice, order or other document shall have any force or effect to tHiepuyk
change the terms, covenants, and conditions of the contract. 4ermeratrn de
SECTION 23. INTERPRETATION.
The contract is intended by the parties as a final, complete and exclusive statement of the terms of their
agreement except that i) the parties agree to carry out their obligations hercunder in a manner subjcct to
and consistent with the cable franchise between the City of Nashua and Comicast or Its successor(s) as 1n
effect during the term of this Agreement, and said cable franchise is incorporated herein by reference;
and ii) Contractor shall also be bound by any commitments in its reply to the City’s Request for
Proposal dated XXX, attached hercto as Exhibit XXXX, and said reply to the RFP shall be incorporated
herein by reference, and in the event of any variation between said reply to the RFP and this contract,
the City shall have the option of applying the more stringent terms. No course of prior dealing between
the parties or course of performance or usage of the trade shall be relevant to supplement or explain any
term used in the contract.
SECTION 24. CHOICE OF LAW AND VENUE.
If a dispute arises out of or relates to the contract, or the breach thercof, the partics agrcc to negotiate prior
to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll
the running of a statute of limitations or to seck injunctive relief. Either party may make a written request
for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the
request or such later period as agreed by the parties. Each party shal] include, at a minimum, one (1)
senior level individual with decision-making authority regarding the dispute. The purpose of this and
any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within
thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of
the dispute, they may pursue any legal remedies as may be available.
SECTION 25. NOTIFICATION OF ACTION BROUGHT.
In the event that any claim, demand, suit or other legal action, including without limitations, any
communications concerning copyright infringement, or criminal indictment ts brought by any person(s),
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