by the insurer and who is licensed by the State of New Hampshire. Certificates must name the City
of Nashua as an additional insured om General Liability, and Auto Liability policies. 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. The certificate should be mailed to:
Risk Management
City of Nashua
229 Main Street
Nashua, NH 03060-2019
>» Alli deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.
» Ifaggregate 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 of Nashua or other persons, and Service Provider is
encouraged to purchase such additional insurance, as it deems necessary.
» The insurance provided herein is primary, and ne insurance held or owned by the City of
Nashua shall be cailed upon to contribute to a loss.
» Service Provider is responsible for and required to remedy all damage or loss to any property,
including property of the City of Nashua, caused in whole or part by Service Provider or
anyone employed, directed, or supervised by Service Provider.
10. INDEMNIFICATION. Regardless of the coverage provided by any insurance, Service Provider
agrees to indemnify and shall defend and hold harmless the City of Nashua, its agents, officials,
employees and authorized representatives and their employees from and against any and all suits,
causes of action, legal or administrative proceedings, arbitrations, claims, demands, damages,
liabilities, interest, attorneys' fees, costs and expenses of any kind or nature to the extent caused,
occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault or
willful misconduct, whether active or passive, of Service Provider or of anyone acting under its
direction or control or on its behalf in connection with or incidental to the performance of this
contract. Service Provider's indemnity, defense and hold harmless obligations, or portions thereof,
shall not apply to liability caused by the sole negligence or willful misconduct of the party indemnified
or held harmless.
il. FISCAL CONTINGENCY. AJI payments under this contract are contingent upon the availability
to the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this contract.
Nothing in this contract shall be construed to provide Service Provider with a right of payment over
any other entity. Any funds obligated by the City of Nashua under this contract that are not paid to
Service Provider shall automatically revert to the City of Nashua’s discretionary control upon the
completion, termination, or cancellation of the agreement. The City of Nashua shall not have any
obligation to re-award or to provide, in any manner, the unexpended funds to Service Provider. Service
Provider shall have no claim of any sort to the unexpended funds.
12. COMPLIANCE WITH APPLICABLE LAWS. Service Provider, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations, ordinances,
orders, or requirements of any sort in carrying out the obligations of this contract, including, but not
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