3. The Drawings are entitled “Plans of Proposed Bridge Repairs, Canal Street Bridge Over Nashua
River”, prepared by Fuss & O'Neill, Inc., prepared for the Division of Public Works, City of
Nashua, dated Febraury, 2020, consisting of 7 Sheets.
4. The following documents are incorporated by reference:
a. New Hampshire Department of Transportation “Standard Specifications for Road and Bridge
Construction”, latest edition;
b. “Manual of Uniform Traffic Control Devices”, latest edition;
o
City of Nashua, Standard Specifications for Sewers and Drains, Revised, Approved and
Adopted June 15, 1992;
d. City of Nashua, Standard Specifications for Road Construction, Approved and Adopted June
11, 1986; and
e. City of Nashua, Standard Specifications for Sidewalk Construction, Approved and Adopted
Aug,ust 28, 1995.
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party
hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become
due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may
be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
9.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other
party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation
shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who
agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
9.05 Choice of Law and Venue
A. This agreement shall be governed exclusively by the laws of the State of New Hampshire and any claim or action
brought relating to this contract, the work performed or contracted to be performed thereunder, or referable in anyway thereto shall
be brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New Hampshire 9th Circuit
Court—Nashua and not elsewhere
AG-5o0f6
