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  2. Finance Committee - Agenda - 4/18/2018 - P108

Finance Committee - Agenda - 4/18/2018 - P108

By dnadmin on Mon, 11/07/2022 - 11:43
Document Date
Wed, 04/18/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/18/2018 - 00:00
Page Number
108
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__041820…

7. DISCOVERY O¥ CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES.
The City shall furnish to Service Provider all information and technical data in the City's
possession or control reasonably required for the proper performance of the Services. Service
Provider shall be entitled to reasonably rely without independent verification upon the information
and data provided by the City or obtained from generally accepted sources within the industry,
except to the extent such verification by Service Provider is expressly required as a defined part of
the Services.

Service provider will endeavor in good faith, as needed, to obtain from the appropriate authorities
their interpretation of applicable codes and standards and will apply its professional judgment in
interpreting the codes and standards as they apply to the Project at the time of performance of the
Services. Notwithstanding the above, the Parties agree that, as the Project progresses, such codes
or standards may change or the applicability of such codes or standards may vary from Service
Providers original interpretation through no fault of Service Provider and that additional costs
necessary te conform to such changes or interpretations during or after execution of the Services
will be subject to an equitable adjustment in the Compensation and Project Schedule.

All future questions Service Provider may have concerning interpretation or clarification of this
contract shall be submitted in writing to the City within 10 calendar days of their arising. The
writing shall state clearly and in full detail the basis for Service Provider's question or position.
The City representative shall render a decision within 15 calendar days. The City’s decision on the
matter is final. —_ 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
of the City. Service Provider is responsible, pursuant to the standard of care. for requesting
clarification or interpretation in the event it discovers a conflict, error or omission or discrepancy
in the contract documents, and is liable for its direct costs or expense to the extent caused by its
failure to do so.

Service Provider shall be responsible for its performance and that of Service Provider's lower-tier
subcontractors and vendors.

8. TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City, in its sole
discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the City chooses to terminate, abandon, or suspend all or part of the project, it
shall provide Service Provider 10 day’s written notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Service Provider shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

Place no further orders or subcontracts for materials, services, or facilities, other

than as may be necessary or required for completion of such portion of work under

the contract that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of all orders or subcontracts to the extent they relate to the

No

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Finance Committee - Agenda - 4/18/2018 - P108

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