or otherwise. In the event Lighting Contractor shall cease conducting business, the City shall
have the right to solicit applications for employment from any employee of the Lighting
Contractor 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 Lighting Contractor's principals, officers, employees, agents,
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within Lighting
Contractor's control.
9. DISPUTE RESOLUTION. Any dispute not within the scope of section 7 or section 8 shalt
be resolved under this paragraph. 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 Representative and a Lighting
Contractor representative. At all times, Lighting Contractor 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. If the dispute is not resolved within 30 days, either party
may request that the dispute be submitted to the Board of Public Works for final resolution. The
decision of the Board of Public Works shall be final and binding on the parties. If either party is
dissatisfied with the decision of the Board of Public Works, that party may immediately
terminate the contract under this paragraph, with Lighting Contractor being entitled to
compensation for work actually and satisfactorily performed up to the time of the termination
and. the City being entitled to all contract materials in accordance with paragraph 21, and
compensation for any additional damages or expenses incurred in completing the work under the
contract, including, without limitation, the costs of securing the services of other Lighting
Contractors.
10. NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment,
compensation, or adjustment of any kind shall be made to Lighting Contractor for damages
because of hindrances or delays in the progress of the work from any cause, and Lighting
Contractor agrees to accept in full satisfaction of such hindrances and delays any extension of
time that the City may provide.
11. INSURANCE. Lighting Contractor 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;
» $1,000,000-Combined-Single-Limit-Automobile. Liability;
*Coverage must include all owned, non-owned and hired vehicles.
$1,000,000 Profession Liability;
» and Workers' Compensation Coverage in compliance with the State of New Hampshire
statutes, $100,000/$500,000/$100,000.
Vv
Lighting Contractor 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
GC 7 of 13 \-
