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 Service/Non-Performance
CITY and NTS shali not be tn default of any provisions of this Agreement for failure to perform
where such failure is due to strikes, waik-outs, civil insurrections or disorders, order of civil
authorities, shortages of motor fuel or equipment, significant funding reductions, acts of God, 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 General of the
United States, or any designee shall have access to any books, documents, papers and
records which are pertinent to this Agreement for the purpose of making audit,
examination, excerpts and transcr'ptions,
it} NTS will provide a ridership information report to SVTC for each month that Paratransit
Service is provided. Substantive modifications to the content or format of the report as
developed between 2008 and 2023 will be mutually agreed to in writing by SVTC and
NTS.
it} From time to time, additional information may be needed for such things as securing
funding and meeting grant requirements. SVTC and NTS will review these requirements
in advance to arrive at a mutually agreed upon dataset and timeframe.
iv) NTS shall provide the Hours-Miles-Mobility-Denial report to NRPC on a quarterly basis.
v) NTS shall provide an updated copy of the client list upon request to SVTC but not more
than four tmes per calendar year.
5.2. Covenant Against Contingent Fees.
Both parties warrant that no person has been employed or retained to solicit or 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, financially or otherwise, in this Agreement.
5.3 Alteration in Character of Work. Minor alterations in the character of work shail be
authorized in writing by SVTC and acknowledged by CITY by letter.
5.4 Termination
SVTC and CITY hereby agree to full performance of the covenants and obligations contained
herein, except that each reserves the right, at its option and sole discretion, to terminate the
service provided for in this Agreement, or any portion thereof. Termination 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 becomes 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 "termination 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
termination costs, then SVTC shall pay to CITY an amount equal to the difference between the
