Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or
future, which is beyond the reasonable control of such party. Delays arising from the actions or
inactions of one or more of Service Provider's principals, officers, employees, agents, sub
Service Providers, consultants, vendors, or suppliers are expressly recognized to be within
Service Provider's control.
9. NO DAMAGES FOR DELAY. Apart from a written extension of time, no
payment, compensation, or adjustment of any kind shall be made to Service Provider for
damages because of hindrances or delays in the progress of the work from any cause, and
Service Provider agrees to accept in full satisfaction of such hindrances and delays any
extension of time that the City may provide.
10. INSURANCE. Service Provider shall carry and maintain in effect during the
performance of services under this contract:
> General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> Workers' Compensation Coverage in compliance with the State of New Hampshire
. Statutes, $100,000/$500,000/$ 100,000 unless exempt.
Service Provider shall maintain in effect at all times during the performance under this contract
all specified insurance coverage with insurers. None of the requirements as to types and limits to
be maintained by Service Provider are intended to and shall not in any manner limit or qualify
the liabilities and obligations assumed by Service Provider under this contract. The City of
Nashua shall not maintain any insurance on behalf of Service Provider. Sub Service Providers
are subject to the same insurance requirements as Service Provider and it shall be the
Service Provider’s responsibility to ensure compliance of this requirement.
Service Provider will provide the City of Nashua with certificates of insurance for coverage as
listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City issues the notice of award. The City of Nashua requires thirty days written
notice of cancellation or material change in coverage. The certificates and endorsements for
each insurance policy must be signed by a person authorized by the insurer and who is licensed
by the State of New Hampshire. General Liability policies must name the City of Nashua as
an_additional_ insured and reflect on the certificate of insurance. Service Provider is
responsible for filing updated certificates of insurance with the City of Nashua's Risk
Management Department during the life of the contract.
= All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.
= If aggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage, Service Provider must maintain umbrella liability insurance of at least
$1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.
" The specified insurance requirements do not relieve Service Provider of its
responsibilities or limit the amount of its liability to the City or other persons, and Service
Provider is encouraged to purchase such additional insurance, as it deems necessary.
= The insurance provided herein is primary, and no insurance held or owned by the City of
Nashua shall be called upon to contribute to a loss.
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