General Provisions for Termination. Upon termination of the contract, the Owner may take over the
work and prosecute it to completion by agreement with another party or otherwise. Upon termination of the
contract or in the event Contractor shall cease conducting business, the Owner 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 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,
sub-contractors, sub consultants, vendors, or suppliers are expressly recognized to be within Contractor's
control.
ARTICLE 15— DISPUTE RESOLUTION
The parties shall attempt to resolve any dispute related to this contract as follows. 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 Owner Representative and the 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 Owner. If the parties are unable to
resolve their dispute as described above within 30 days, the parties may request that the dispute be
submitted to the Board of Public Works for resolution. If the parties are dissatisfied with the decision of the
Board of Public Works, the parties’ reserve the right to pursue any available legal and/or equitable remedies
for any breaches of this contract except as that right may be limited by the terms of this contract.
ARTICLE 16— CHOICE OF LAW AND VENUE
This contract shall be governed exclusively by the laws of the State of New Hampshire and any claim or
action brought relating to this contract, the work performed or contracted to be performed thereunder, or
referable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior Court
Southern Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere
ARTICLE 17—- MISCELLANEOUS PROVISIONS
1. Neither party to the Contract shall assign the Contract as a whole without written consent of the
other.
2. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by
laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made
at an appropriate time.
If additional testing is required, the Contractor shall perform these tests.
4. The Owner shall pay for tests except for testing Work found to be defective for which the
Contractor shall pay.
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