SECTION 32. NON-WAITVER OF PERFORMANCE.
Tn 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 remedics 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 cxisting 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.
This Contract, together with the attached exhibits constitutes the entire agreement between the parties
hereto with respect to the matters covered by its terms. No other agreement, assertion, slatcment,
understanding, or other promise made by any party, or to any employee, officer, or agent of any party
that is not embodied in this Contract shall have force or effect except that 1) the parties agree to carry out
their obligations hercunder in a manner subject to and consistent with the cable franchise between the City
of Nashua and Comcast or its successor(s) as in effect during the term of this Agrecment, and said cable
franchise is incorporated hercin 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 hereto as Exhibit XXXX, and said
reply to the RFP shall be incorporated hercin 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 morc stringent terms.
SECTION 34. VENUE.
The Contract is made under and shall be governed by the laws of the State of New Hampshire, including
any rule or principle that would refer to and apply the substantive law of another state or jurisdiction.
All issues arising from this Contract shall be resolved in the courts of the State of New Hampshire, and
the partics agrcec to submit to the exclusive jurisdiction of such courts.
SECTION 35. NOTICES.
For purposes of this Contract, all communications and notices among the parties shall be deemed made
if sent postage prepaid to the parties and addresses set forth below:
TheContractor CityofNashua,AdministrativeScrviccs
Contractor Name ATTN: Kimberly Kleiner
Executive Director Name Director of Administrative Services
Strect Address 229 Main Strect — City Hall
City, State and Zipcode Nashua, NH 03060
CityofNashua,PEGProgramDept.
ATTN: PEG Program Manager
229 Main Street — IT Division
Nashua, NIT 03060
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