20.
21.
Disposition of Contract Materials. Any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials, including but not limited to those
contained in media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to
Professional Engineer in the performance of its obligations under this contract shall be the
exclusive property of the City of Nashua and all such materials shall be remitted and
delivered, at Professional Engineer's expense, by Professional Engineer to the City of Nashua
upon completion, termination, or cancellation of this contract. Alternatively, if the City of
Nashua provides its written approval to Professional Engineer, any books, reports, studies,
photographs, negatives or other documents, data, drawings or other materials including but
not limited to those contained in media of any sort (e.g., electronic, magnetic, digital)
prepared by or supplied to Professional Engineer in the performance of its obligations under
this contract must be retained by Professional Engineer for a minimum of four years after
final payment is made and all other pending matters are closed. If, at any time during the
retention period, the City of Nashua, in writing, requests any or all of the materials, then
Professional Engineer shall promptly remit and deliver the materials, at Professional
Engineer's expense, to the City of Nashua. Professional Engineer shall not use, willingly allow
or cause to have such materials used for any purpose other than the performance of
Professional Engineer's obligations under this contract without the prior written consent of
the City of Nashua.
Public Records Law, Copyrights, and Patents. Professional Engineer expressly agrees that all
documents ever submitted, filed, or deposited with the City of Nashua by Professional
Engineer (including those remitted to the City of Nashua by Professional Engineer pursuant
to paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and
copying by any person, or any governmental entity.
No books, reports, studies, photographs, negatives or other documents, data, drawings or
other materials including but not limited to those contained in media of any sort (e.g.,
electronic, magnetic, digital) prepared by or supplied to Professional Engineer in the
performance of its obligations under this contract shall be the subject of any application for
a copyright or patent by or on behalf of Professional Engineer. The City of Nashua shall have
the right to reproduce any such materials.
Professional Engineer expressly and indefinitely waives all of its rights to bring, including but
not limited to, by way of complaint, interpleader, intervention, or any third party practice,
any claims, demands, suits, actions, judgments, or executions, for damages or any other
relief, in any administrative or judicial forum, against the City of Nashua or any of its officers
or employees, in either their official or individual capacity of the City of Nashua, for
violations of or infringement of the copyright or patent laws of the United States or of any
other nation. Professional Engineer agrees to indemnify, to defend, and to hold harmless
the City of Nashua, its representatives, and employees from any claim or action seeking to
impose liability, costs, and attorney fees incurred as a result of or in connection with any
claim, whether rightful or otherwise, that any material prepared by or supplied to
Professional Engineer infringes any copyright or that any equipment, material, or process
(or any part thereof) specified by Professional Engineer infringes any patent.
GC 10 of 13
