City of Nashua
Service Agreement
VENDOR will provide the OWNER with certificates of insurance for coverage, as listed, and
endorsements affecting coverage required by the Agreement. The OWNER requires thirty days written
notice of cancellation or material change in coverage. The certificates and endorsements for each insurance
policy must be signed by a person authorized by the insurer and who is licensed by the State of New
Hampshire. General Liabili and Auto Liability policies must name the City of
Nashua as an additional insured and reflect on the certificate of insurance. VENDOR is responsible for
filing updated certificates of insurance with the City of Nashua's Risk Management Department during
the life of the contract.
> AIl deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.
> If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage,
VENDOR must maintain umbrella liability insurance of at least $1,000,000. All aggregates
must be fully disclosed on the required certificate of insurance.
> The specified insurance requirements do not relieve VENDOR of its responsibilities or limit
the amount of its liability to the OWNER or other persons, and VENDOR is encouraged to
purchase such additional insurance, as it deems necessary.
> The insurance provided herein is primary, and no insurance held or owned by OWNER shall
be called upon to contribute to a loss.
> VENDOR is responsible for and required to remedy all damage or loss to any property,
including property of the OWNER, caused in whole or part by VENDOR or anyone
employed, directed, or supervised by VENDOR.
Regardless of any coverage provided by any insurance, VENDOR agrees to indemnify and shall defend
and hold harmless the OWNER, 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, attorney’s 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 VENDOR or of anyone acting
under its direction or control or on
its behalf in connection with or incidental to the performance of this contract. VENDOR’s indemnity,
defense and hold harmless obligations, or portions thereof, shall not apply to liability caused by the
negligence or willful misconduct of the party indemnified or held harmless.
If the VENDOR defaults or neglects to carry out the Work in accordance with this Agreement and fails
within a two day period after receipt of written notice from the OWNER to correct such default or neglect
with diligence and promptness, the OWNER may, without prejudice to other remedies, correct such
deficiencies.
The OWNER shall have no responsibility for the payment of money to any Subcontractor or material
supplier.
The OWNER shall not supervise or directly control the work of the VENDOR. The OWNER does
reserve the right to inspect the work being performed and to determine whether it is being performed in a
good and “workmanlike” manner. The VENDOR shall promptly correct Work rejected by the OWNER
as failing to conform to the Agreement. The VENDOR shall bear the cost of correcting such rejected work.
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