future, which is beyond the reasonable control of such patty. Delays arising from the actions or
inactions of one or more of Service Provider's principals, officers, employees, agents,
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within Service
Provider's control.
9, DISPUTE RESOLUTION. Any dispute not within the scope of section 7 or section 8 shalt
be resolved under this paragraph. Either party shall provide to the other party, in writing and with
full documentation to verify and substantiate its decision, its stated position concerning the
dispute. No dispute shall be considered submitted and no dispute shall be valid under this
Provision unless and until the submitting party has delivered the written Statement of its position
and full documentation to the other party. The parties shall then attempt to resolve the dispute
through good faith efforts and negotiation between the City Representative and a Service
Provider representative. At all times, Service Provider shall carry on the work under this
contract and maintain and complete work in accordance with the requirements of the contract or
determination or direction of the City. If the dispute is not resolved within 30 days, either party
may request that the dispute be submitted to the Board of Public Works for final resolution. The
decision of the Board of Public Works shall be final and binding on the parties. If either party is
dissatisfied with the decision of the Board of Public Works, that party may immediately
terminate the contract under this paragraph, with Service Provider being entitled to compensation
for work actually and satisfactorily performed up to the time of the termination and the City
being entitled to all contract materials in accordance with paragraph 21, and compensation for
any additional damages or expenses incurred in completing the work under the contract,
including, without limitation, the costs of securing the services of other Service Providers.
10. No DAMAGES FOR DeLay. Apart from a written extension of time, no payment,
compensation, or adjustment of any kind shall be made to Service Provider for damages because
of hindrances or delays in the progress of the work from any cause, and Service Provider agrees
to accept in full satisfaction of such hindrances and delays any extension of time that the City
mnay provide.
11, INSURANCE. Service Provider shall carry and maintain in effect during the performance
of services under this contract:
>» General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
Service Provider 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 Service Provider are intended to and shall not in any manner limit or qualify
the liabilities and obligations assumed by Service Provider under this contract. The City of
Nashua shall not maintain any insurance on behalf of Service Provider. Subcontractors axe
subject to the same insurance requirements as Service Provider and it shall be the Service
Provider’s responsibility to ensure compliance of this requirement,
Service Provider will provide the City of Nashua with certificates of insurance for coverage as
listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City issues the notice of award, The City of Nashua 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 Ecensed
by the State of New Hampshire. eral Ligbility and Auto Lisbility policies must mame the
GC 7 of 13
