11.
12.
13.
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 of Nashua 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 licensed by the
State of New Hampshire. General Liability and Auto Liability policies must name the City of
Nashua as an additional insured and reflect on the certificate of insurance. Service Provider is
responsible for filing updated certificates of insurance with the City of Nashua's Risk Management
Department during the life of the contract.
> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.
>» If aggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Service Provider must maintain umbrella liability insurance of at
least $1,000,000. All aggregates must be fully disclosed on the required certificate of
insurance.
» The specified insurance requirements do not relieve Service Provider of its
responsibilities or limit the amount of its liability to the City of Nashua or other
persons, and Service Provider is encouraged to purchase such additional insurance, as it
deems necessary.
>» The insurance provided herein is primary, and no insurance held or owned by the City
of Nashua shall be called upon to contribute to a loss.
» Service Provider is responsible for and required to remedy all damage or loss to any
property, including property of the City of Nashua, caused in whole or part by Service
Provider or anyone employed, directed, or supervised by Service Provider.
INDEMNIFICATION Regardless of any coverage provided by any insurance, Service Provider agrees
to indemnify and shall defend and hold harmless the City of Nashua, its agents, officials, employees
and authorized representatives and their employees from and against any and all suits, causes of
action, legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities,
interest, attorney’s fees, costs and expenses of any kind or nature in any manner caused, occasioned,
or contributed to in whole or in part by reason of any negligent act, omission, or fault or willful
misconduct, whether active or passive, of Service Provider or of anyone acting under its direction
or control or on its behalf in connection with or incidental to the performance of this contract.
Service Provider’s indemnity, defense and hold harmless obligations, or portions thereof, shall not
apply to liability caused by the sole negligence or willful misconduct of the party indemnified or
held harmless.
COMPENSATION Review by the City of Nashua of Service Provider's submitted monthly invoice
forms and progress reports for payment will be promptly accomplished by the City of Nashua. If
there is insufficient information, the City of Nashua may require Service Provider to submit
additional information. Unless the City of Nashua, in its sole discretion, decides otherwise, the
City of Nashua shall pay Service Provider in full within 30 days of approval of the submitted
monthly invoice forms and progress reports.
COMPLIANCE WITH APPLICABLE LAWS Service Provider, at all times, shall fully and completely
comply with all applicable local, state and federal laws, statutes, regulations, ordinances, orders, or
requirements of any sort in carrying out the obligations of this contract, including, but not limited
to, all federal, state, and local accounting procedures and requirements, all immigration and
naturalization laws, and the Americans With Disabilities Act. Service Provider shall, throughout
the period services are to be performed under this contract, monitor for any changes to the
applicable laws, statutes, regulations, ordinances, orders, or requirements, shall promptly notify the
City of Nashua in writing of any changes to the same relating to or affecting this contract, and shall
Exhibits Page 6 of 13
