27.
28.
29.
time, a full and complete disclosure of the interest shall be immediately made in writing to
the City of Nashua. DesignLAB also warrants that it presently has no interest and that it
will not acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required to be performed under this contract.
DesignLAB further warrants that no person having such an interest shall be employed in
the performance of this contract. If City of Nashua determines that a conflict exists and
was not disclosed to the City of Nashua, it may terminate the contract at will or for cause
in accordance with paragraph 8.
In the event DesignLAB (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in
connection with the procurement of work to be done or payments to be made under this
contract, City of Nashua may terminate the contract at will or for cause in accordance with
paragraph 8. Upon termination, DesignLAB shall refund to the City of Nashua any profits
realized under this contract, and DesignLAB shall be liable to the City of Nashua for any
costs incurred by the City of Nashua in completing the work described in this contract. At
the discretion of the City of Nashua, these sanctions shall also be applicable to any such
conviction obtained after the expiration or completion of the contract.
DesignLAB warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by DesignLAB to any officer or employee of the City of Nashua with
a view toward securing a contract or securing favorable treatment with respect to the
awarding or amending or making of any determinations with respect to the performance of
this contract. If City of Nashua determines that such gratuities were or offered or given, it
may terminate the contract at will or for cause in accordance with paragraph 8.
The rights and remedies of this section shall in no way be considered for be construed as a
waiver of any other rights or remedies available to the City of Nashua under this contract
or at law.
THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and DesignLAB,
including any of their respective agents or employees, shall not be liable to third parties for
any act or omission of the other party. This contract is not intended to create any rights,
powers, or interest in any third party and this agreement is entered into for the exclusive
benefit of the City of Nashua and DesignLAB.
SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by
their nature survive termination or completion of this contract shall remain in full force and
effect.
SEVERABILITY In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any
court of competent jurisdiction, or is found to be in violation of state statutes or regulations,
the invalidity or unenforceability of any particular provision of this contract shall not affect
any other provision, the contract shall be construed as if such invalid or unenforceable
provisions were omitted, and the parties may renegotiate the invalid or unenforceable
provisions for sole purpose of rectifying the invalidity orunenforceability.
GC 12 of 13
