CITY OF NASHUA
PROFESSIONAL SERVICES
GENERAL TERMS AND CONDITIONS
EXHIBIT C
ENGINEER warrants that no gratuities (including, but not limited to, entertainment or gifts) were offered
or given by ENGINEER to any officer or employee of the OWNER with a view toward securing a
contract or securing favorable treatment with respect to the awarding or amending or making of any
determinations with respect to the performance of this contract. If OWNER determines that such
gratuities were or offered or given, it may terminate the contract at will or for cause in accordance with
paragraph 8.
The rights and remedies of this section shall in no way be considered for be construed as a waiver of any
other rights or remedies available to the OWNER under this contract or at law.
27. THIRD PARTY INTERESTS AND LIABILITIES. The OWNER and ENGINEER, including any of
their respective agents or employees, shall not be liable to third parties for any act or omission of the other
party. This contract is not intended to create any rights, powers, or interest in any third party and this
agreement is entered into for the exclusive benefit of the OWNER and ENGINEER.
28. SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and effect.
29, SEVERABILITY. In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any court of
competent jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity or
unenforceability of any particular provision of this contract shall not affect any other provision, the
contract shall be construed as if such invalid or unenforceable provisions were omitted, and the parties
may renegotiate the invalid or unenforgeable provisions for sole purpose of rectifying the invalidity or
unenforceability.
30. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the entire
contract between the OWNER. and ENGINEER. The parties shall not be bound by or be liable for any
statement, representation, promise, inducement, or understanding of any kind or nature not set forth in
this contract. No changes, amendments, or modifications of any terms or conditions of the contract shall
be valid unless reduced to writing and signed by both parties.
31. CHOICE OF LAW AND VENUE. This contract shall be governed exclusively by the laws of the
State of New Hampshire and any litigation shall be brought in a court located in the State of New
Hampshire.
GC 11 of 11
