Complete Agreement: This letter agreement, including the attached Schedule of Services, is the
complete and exclusive statement of the agreement between the parties with respect to the services set
forth on the Schedule of Services, superseding all proposals, oral or written, and all other
communications between the parties. If any provision of this letter agreement is determined to be
invalid or unenforceable, all other provisions shall remain in force.
Assignment: Each party’s benefits and obligations under this letter agreement shall not be assigned
without the prior written consent of the other party, which consent will not be unreasonably
conditioned, withheld or delayed; provided that we may assign our benefits and obligations to an
affiliated party of ours without your prior consent. The terms and conditions of this letter agreement
shall apply to, inure to the benefit of, and be binding upon the parties hereto and upon their permitted
successors and assigns.
Force Majeure: Notwithstanding any other provision of this letter agreement, we will not be liable for,
nor shall we be considered in breach of this letter agreement due to, any failure to perform our
obligations under this letter agreement as a result of a cause beyond our control, including any act of
God or a public enemy, act of any military, civil or regulatory authority, act of terrorism, change in any
law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of
communications, power or other utility, labor problem, unavailability of supplies, or any other cause,
whether similar or dissimilar to any of the foregoing, which could not have been prevented by our
reasonable care.
Understanding: If this letter agreement accurately reflects your understanding of our duties and
relationship, please sign below and return the original to us. The copy is for your files. If we have
misunderstood any aspect of our duties or our relationship, please call us immediately, and we will
revise this letter agreement prior to your execution of it.
Very truly yours,
Jt. nF
UU Vile Wt
Steve A. Lemanski, FSA, FCA, MAAA
OPEB Practice Leader and Consulting Actuary
Accepted and agreed:
City of Nashua
By:
Name:
Title:
Date: /_ /
Attachment: Schedule of Services
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