C-2.5
Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that 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, subcontractors,
consultants, vendors, or suppliers are expressly recognized to be within Contractor’s control.
SC-27 Insurance
DELETE Article 27 in its entirety. REPLACE with the following:
Contractor shall carry and maintain in effect during the performance of services under this
contract:
> General Liability:
$1,000,000 per Occurrence
$2,000,000 Aggregate
(City of Nashua Additional Insured)
> Motor Vehicle Liability:
$1,000,000 Combined Single Limit *coverage must include all owned, non-owned
and hired vehicles.
(City of Nashua Additional Insured)
> Workers’ Compensation Coverage according to Statute of the State of New Hampshire:
$100,000 / $500,000 / $100,000
Contractor and subcontractors at every tier will fully comply with NH RSA Chapter 281-A,
“Workers’ Compensation”.
Contractor shall maintain in effect at all times during the performance under this contract all
specified insurance coverage with insurers. None of the requirements as to types and limits to be
maintained by Contractor are intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by Contractor under the contract. The Owner shall not
maintain any insurance on behalf of Contractor. Subcontractors are subject to the same insurance
requirements as the Contractor and it shall be the Contractor’s responsibility to ensure
compliance of this requirement.
The parties agree that Contractor shall have the status of and shall perform all work under this
agreement as an independent Contractor, maintaining control over all its consultants, sub
consultants, contractors, or subcontractors. The only contractual relationship created by this
agreement is between the Owner and Contractor, and nothing in this agreement shall create any
contractual relationship between the Owner and Contractor’s consultants, sub consultants,
contractors or subcontractors. The parties also agree that Contractor is not a City employee and
that there shall be no:
1. Withholding of income taxes by the Owner;
2. Industrial insurance coverage provided by the Owner;
13089A
