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  2. Finance Committee - Agenda - 3/15/2017 - P69

Finance Committee - Agenda - 3/15/2017 - P69

By dnadmin on Mon, 11/07/2022 - 10:27
Document Date
Wed, 03/15/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/15/2017 - 00:00
Page Number
69
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031520…

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ENDORSEMENT Independent Contractor shail seai and/or stamp and sign professional documents
including drawings, plans, maps, reports, specifications, and other instruments of service prepared
by Independent Contractor or under its direction as required under the laws of the State of New
Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Independent Contractor shall
not assign, transfer, delegate, or subcontract any rights, obligations, or duties under this contract
without the prior written consent of the City of Nashua. Any such assignment, transfer,
delegation, or subcontracting without the prior written consent of the City of Nashua is void. Any
consent of the City of Nashua to any assignment, transfer, delegation, or subcontracting shall only
apply to the incidents expressed and provided for in the written consent and shall not be deemed
to be a consent to any subsequent assignment, transfer, delegation, or subcontracting. Any such
assignment, transfer, delegation, or subcontract shall require compliance with or shall incorporate
all terms and conditions set forth in this agreement, including all incorporated Exhibits and
written amendments or modifications. Subject to the foregoing provisions, the contract inures to
the benefit of, and is binding upon, the successors and assigns of the parties.

CITY INSPECTION AND ACCEPTANCE Inspection and acceptance will be at destination unless
otherwise provided, until delivery and acceptance and after any rejections, risk of loss will be on
the contractor unless loss results from negligence of the City of Nashua. Notwithstanding the
requirements for any city inspection and test contained in specifications applicable to this
contract, except where specialized inspections or tests are’specified for performance solely by the
city, the contractor shall perform the inspections and tests required to substantiate that the
supplies and services provided under the contract conform to the drawings, specifications and
contract requirements listed herein, including, if applicable, the technical requirements for the
manufacturers part numbers specified herein.

FINAL ACCEPTANCE Upon completion of all work under the contract, Independent Contractor
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Independent Contractor in writing that the whole of the work was
completed on the, date indicated i in the notice or provide Independent Contractor with a written
list of work not: completed: With respect to work listed by the City of Nashua as incomplete,
Independent Contractor shall promptly complete the work and the final acceptance procedure
shall be repeated. The date of final acceptance of a project by the City of Nashua shall be the date
upon which the Board of.Public Works or other designated official accepts and approves the
notice of completion.

TAXES If Federal, State, or Local tax is applicable, it must be separately stated and excluded
from the price of the article. The City of Nashua as a governmental agency is exempt from the
payment of said tax and will issue an exemption number or certificate if required.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and
remedies available under the contract shall be in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.

PROHIBITED INTERESTS Independent Contractor shall not allow any officer or employee of the

City of Nashua to have any indirect or direct interest in this contract or the proceeds of this
contract. Independent Contractor warrants that no officer or employee of the City of Nashua has

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Finance Committee - Agenda - 3/15/2017 - P69

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