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  2. Finance Committee - Agenda - 6/15/2016 - P23

Finance Committee - Agenda - 6/15/2016 - P23

By dnadmin on Mon, 11/07/2022 - 09:52
Document Date
Wed, 06/15/2016 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 06/15/2016 - 00:00
Page Number
23
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__061520…

or future default, breach, or modification of any of the terms and conditions of the contract
unless expressly stipulated to by the City of Nashua in a written waiver,

19. RIGHTS AND REMEDIES, The duties and obligations imposed by the contract and the
rights and remedies available under the contract shall be in addition to and not a limitation of any
duties, obligations, rights, and remedies otherwise imposed or available by law.

20. PROHIBITED INTERESTS. Custom Computer Specialists, Inc. shall not allow any officer
or employee of the City of Nashua to have any indirect or direct interest in this contract or the
proceeds of this contract. Custom Computer Specialists, Inc. warrants that no officer or
employee of the City of Nashua has any direct or indirect interest, whether contractual,
noncontractual, financial or otherwise, in this contract or in the business of Custom Computer
Specialists, Inc.. If any such interest comes to the attention of Custom Computer Specialists, Inc.
at any time, a full and complete disclosure of the interest shall be immediately made in writing to
the City of Nashua. Custom Computer Specialists, Inc. also warrants that it presently has no
interest and that it will not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required to be performed under this contract.
Custom Computer Specialists, Inc. further warrants that no person having such an interest shall
be employed in the performance of this contract. If City of Nashua determines that a conflict
exists and was not disclosed to the City of Nashua, it may terminate the contract at will or for
cause in accordance with paragraph 8.

In the event Custom Computer Specialists, Inc. (or any of its officers, partners, principals, or
employees acting with its authority) is convicted of a crime involving a public official arising out
or in connection with the procurement of work to be done or payments to be made under this
contract, City of Nashua may terminate the contract at will or for cause in accordance with
paragraph 8. Upon termination, Custom Computer Specialists, Inc. shall refund to the City of
Nashua any profits realized under this contract. At the discretion of the City of Nashua, these
sanctions shall also be applicable to any such conviction obtained after the expiration or
completion of the contract.

Custom Computer Specialists, Inc. warrants that no gratuities (including, but not limited to,
entertainment or gifts) were offered or given by Custom Computer Specialists, Inc. to any officer
or employee of the City of Nashua with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending or making of any determinations with
respect to the performance of this contract. If City of Nashua determines that such gratuities
were or offered or given, it may terminate the contract at will or for cause in accordance with

paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a
waiver of any other rights or remedies available to the City of Nashua under this contract or at
law,

21. THIRD PARTY INTERESTS AND LIABILITIES. The City of Nashua and Custom Computer
Specialists, Inc., including any of their respective agents or employees, shall not be liable to third
parties for any act or omission of the other party. This contract is not intended to create any

GC 9 of 13

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Finance Committee - Agenda - 6/15/2016 - P23

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