10.
11.
paid to Contractor. The adjustment shall include a reasonable profit for services or other
work performed up to the effective date of termination less all previous payments.
Cc. GENERAL PROVISIONS FOR TERMINATION. Upon termination of the contract, the City may
take over the work and prosecute it to completion by agreement with another party or
otherwise. In the event Contractor shall cease conducting business, the City shall have
the right to solicit applications for employment from any employee of the Contractor
assigned to the performance of the contract.
Neither party shall be considered in default of the performance of its obliga:ions
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 Contractor's principals,
officers, employees, agents, subcontractors, consultants, vendors, or suppliers are
expressly recognized to be within Contractor's control.
DISPUTE RESOLUTION. Any dispute not within the scope of section 7 and section 9 shall
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 Contractor
representative. At all times, 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 Economic Development Director for final resolution. The decision
of the Economic Development Director shall be final and binding on the parties. If either party is
dissatisfied with the decision of the Economic Development Director, that party may immediately
terminate the contract under this paragraph, with 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 17, 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 independent contractors.
NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment, compensation, or
adjustment of any kind shall be made to Contractor for damages because of hindrances or delays
in the progress of the work from any cause, and Contractor agrees to accept in full satisfaction of
such hindrances and delays any extension of time that the City may provide.
INSURANCE. Contractor shall carry and maintain in effect during the performance of services
under this contract:
© Workers’ Compensation Coverage in compliance with the State of New Hampshire
statutes, $100,000/$500,000/$100,000;
« General Liability insurance in the amount of $1,000,000 per occurrence.
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 limits to be
maintained by Contractor are intended to and shall not in any manner limit or qualify the liabilities
and obligations assumed by Contractor under this contract. The City of Nashua shall not
maintain any insurance on behalf of Contractor. Subcontractors are subject to the same
insurance requirements as Contractor and it shall be the Contractor's responsibility to ensure
compliance of this requirement.
Contractor will provide the City 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 issues the notice of award. The City requires thirty (30) days written notice of cancellation or
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