12.
13.
14.
15.
material change in coverage. The certificates and endorsements for each insurance policy are to
be signed by a person authorized by the insurer and who is licensed by the State of New
Hampshire. Employers’ Liability policies must name the City of Nashua as an additional
insured and reflect on the certificate of insurance. Contractor is responsible for filing updated
Certificates of Insurance with the City of Nashua's Risk Management Department during the life
of the contract.
A. All deductibles and self-insured retentions shall be fully disclosed in the
certificates of insurance.
B. If aggregate limits of less than $1,000,000 are imposed on bodily injury and
property damage, the Contractor must maintain umbrella liability insurance of at
least $1,000,000. All aggregates must be fully disclosed on the required
certificate of insurance.
C. The specified insurance requirements do not relieve Contractor of its
responsibility or limit the amount of its liability to the City or other persons, and
Contractor is encouraged to purchase such additional insurance, as it deems
necessary.
D. Contractor is responsible for and required to remedy all damage or loss to any
property, including property of the City, caused in whole or in part by Contractor
or anyone employed, directed, or supervised by Contractor.
Contractor is responsible for and required to remedy all damage or loss to any property, including
property of the City, caused in whole or part by Contractor or anyone employed, directed, or
supervised by Contractor.
INDEMNIFICATION. Regardless of the coverage provided by any insurance, Contractor agrees
to indemnify and shall defend and hold harmless the City, 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 in any manner 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 Contractor. Contractor'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.
FISCAL CONTINGENCY. All payments under this contract are contingent upon the availability to the
City of the necessary funds. This contract shall terminate and the City's obligations under it shall
be extinguished at the end of any fiscal year in which the City 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 Contractor with a right of payment over any
other entity. Any funds obligated by the City under this contract that are not paid to Contractor
shall automatically revert to the City’s discretionary control upon the completion, termination, or
cancellation of the agreement. The City shall not have any obligation to re-award or to provide, in
any manner, the unexpended funds to Contractor. Contractor shall have no claim of any sort to
the unexpended funds.
COMPENSATION. The City shall pay Contractor as outlined in Exhibit C.
COMPLIANCE WITH APPLICABLE Laws. Contractor, 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 limited
to, all federal, state, and local accounting procedures and requirements, all immigration and
naturalization laws, and the Americans With Disabilities Act. Contractor shall, throughout the
period services are to be performed under this contract, monitor for any changes to the applicable
laws, statutes, regulations, ordinances, orders, or requirements, shall promptly notify the City in
writing of any changes to the same relating to or affecting this contract, and shall submit detailed
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