Engineer with access to City of Nashua records in a reasonable time and manner and to
schedule items that require action by the Board of Public Works and Finance Committee
in a timely manner, The City of Nashua and DesignLAB also agree to attend all meetings
called by the City of Nashua or DesignLAB to discuss the work under the Contract, and
that DesignLAB may elect to conduct and record such meetings and shall later distribute
prepared minutes of the meeting to the City ofNashua.
DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
DesignLAB warrants that it has examined all contract documents, has brought all conflicts,
errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing, and
has concluded that the City of Nashua’'s resolution of each matter is satisfactory to
DesignLAB. All future questions DesignLAB may have concerning interpretation or
clarification of this contract shall be submitted in writing to the City of Nashua within 10
calendar days of their arising. The writing shall state clearly and in full detail the basis for
DesignLAB's question or position. The City of Nashua representative shall render a
decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any
work affected by a conflict, error, omission, or discrepancy which has been performed by
DesignLAB prior to having received the City of Nashua’s resolution shall be at
DesignLAB's risk and expense. At all times, DesignLAB shail carry on the work under this
contract and maintain and complete work in accordance with the requirements of the
contract or determination of the City of Nashua. DesignLAB is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its
failure to do so.
TERMINATION OF CONTRACT
A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its
sole discretion, shall have the right to terminate, abandon, or suspend all or part of the
project and contract at will. Ifthe City of Nashua chooses to terminate, abandon, or suspend
all or part of the project, it shall provide DesignLAB 10 day’s written notice of its intent to
do so.
If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, DesignLAB
shall:
—
Immediately discontinue work on the date and to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.
3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under the
notice, assign to the City of Nashua any orders or subcontracts specified in the
notice, and revoke agreements specified in the notice.
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