If after termination for the failure of Contractor to adhere to any of the terms and conditions of the contract
or for failure to satisfactorily, in the sole opinion of the Owner, to complete or make sufficient progress on
the work in a timely and professional manner, it is determined that Contractor had not so failed, the
termination shall be deemed to have been a termination at will. In that event, the Owner shall, if necessary,
make an adjustment in the compensation paid to Contractor such that Contractor receives total
compensation in the same amount as it would have received in the event of a termination-at-will.
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—- 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 thes< tests.
4, The Owner shall pay for tests except for testing Work foun to be defective for which the
Contractor shall pay.
5. This Contract shall be governed exclusively by the lavs of the State of New Hampshire and any
claim or action brought relating to this contract, the work +<rformed or contracted to be performed
thereunder, or referable in anyway thereto shall be br -ght in Hillsborough County (New
Hampshire) Superior Court Southern Judicial Disti:e.)*,in the New Hampshire 9th Circuit Court—
Nashua and not elsewhere
Ww
IN WITNESS WHEREOF, the parties hei. > have c used this contract to be signed and intend to be legally
bound thereby.
City of Nashua, NH (signature) Contractor (signature)
James Donchess, Mayor
(Printed Name and Title) (Printed Name and Title)
Date Date
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