Professional Engineer to the City of Nashua upon completion, termination, or cancellation of this
contract. Alternatively, if the City of Nashua provides its written approval to Professional Engineer, any
books, reports, studies, photographs, negatives or other documents, data, drawings or other materials
including but not limited to those contained in media of any sort (e.g., electronic, magnetic, digital)
prepared by or supplied to Professional Engineer in the performance of its obligations under this contract
must be retained by Professional Engineer for a minimum of four years after final payment is made and
all other pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Professional Engineer shall promptly remit and deliver
the materials, at Professional Engineer's expense, to the City of Nashua. Professional Engineer shall not
use, willingly allow or cause to have such materials used for any purpose other than the performance of
Professional Engineer's obligations under this contract without the prior written consent of the City of
Nashua.
The City of Nashua acknowledges that the Professional Engineer’s Instruments of Service are not
represented to be suitable for use of reuse for any other applications or site without written verification
from the Professional Engineer and any such use or reuse without written verification from the
Professional Engineer will be at the City of Nashua’s sole risk and without liability to the Professional
Engineer. :
22. PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS. Professional Engineer expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Professional Engineer
(including those remitted to the City of Nashua by Professional Engineer pursuant to paragraph 21),
unless designated as confidential by a specific statue of the State of New Hampshire, shall be treated as
public records and shall be available for inspection and copying by any person, or any governmental
entity.
No books, reports, studies, photographs, negatives or other documents, data, drawings or other materials
including but not limited to those contained in media of any sort (e.g., electronic, magnetic, digital!)
prepared by or supplied to Professional Engineer in the performance of its obligations under this contract
shall be the subject of any application for a copyright or patent by or on behalf of Professional Engineer.
The City of Nashua shall have the right to reproduce any such materials,
Professional Engineer expressly and indefinitely waives all of its rights to bring, including but not limited
to, by way of complaint, interpleader, intervention, or any third party practice, any claims, demands, suits,
actions, judgments, or executions, for damages or any other relief, in any administrative or judicial forum,
against the City of Nashua or any of its officers or employees, in either their official or individual
capacity of the City of Nashua, for violations of or infringement of the copyright or patent laws of the
United States or of any other nation. Professional Engineer agrees to indemnify, to defend, and to hold
harmless the City of Nashua, its representatives, and employees from any claim or action seeking to
impose liability, costs, and attorney fees incurred as a result of or in connection with any claim, whether
rightful or otherwise, that any material prepared by or supplied to Professional Engineer infringes any
copyright or that any equipment, material, or process (or any part thereof) specified by Professional
Engineer infringes any patent.
Professional Engineer shall have the right, in order to avoid such claims or actions, to substitute at its
expense non-infringing materials, concepts, products, or processes, or to modify such infringing
materials, concepts, products, or processes so they become non-infringing, or to obtain the necessary
licenses to use the infringing materials, concepts, products, or processes, provided that such substituted or
modified materials, concepts, products, or processes shall meet all the requirements and be subject to all
the terms and conditions of this contract.
23. FINAL ACCEPTANCE. Upon completion of all work under the contract, Professional Engineer
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of Nashua
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