business, the City of Nashua shall have the right to solicit applications for employment from any
employee of the Service Provider assigned to the performance of the contract.
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-contractors, sub
consultants, vendors, or suppliers are expressly recognized to be within Service Provider's control.
7. DISPUTE RESOLUTION. The parties shall attempt to resolve any dispute related to this contract
as follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall be
considered submitted and no dispute shall be valid under this provision unless and until the submitting
party has delivered the written statement of its position and full documentation to the other party. The
parties shall then attempt to resolve the dispute through good faith efforts and negotiation between the
City of Nashua Representative and a Service Provider Representative. At all times, Service Provider
shall carry on the work under this contract and maintain and complete work in accordance with the
requirements of the contract or determination or direction of the City of Nashua. If the parties are
unable to resolve their dispute as described above within 30 days, the parties may request that the
dispute be submitted to the Board of Public Works for resolution. If the parties are dissatisfied with
the decision of the Board of Public Works, the parties’ reserve the right to pursue any available legal
and/or equitable remedies for any breaches of this contract except as that right may be limited by the
terms of this contract.
8. 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 of Nashua may
provide.
9, 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;
> Motor Vehicle Liability: $1,000,000 Combined Single Limit;
*Coverage must include all owned, non-owned and hired vehicles.
> Workers’ Compensation Coverage in compliance with the State of NH _ Statutes,
5100,000/$500,000/$100,000.
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 the contract. The City of Nashua shall
not maintain any insurance on behalf of Service Provider. Subcontractors are subject to the same
insurance requirements as the 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 (10) calendar days after the City of Nashua issues the notice of award. The
City of Nashua requires thirty (30) days written notice of cancellation or material change in coverage.
The certificates and endorsements for each insurance policy are to be signed by a person authorized
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