9, DISPUTE RESOLUTION. Any dispute not within the scope of section 7 or section 8 shall be
resolved under this paragraph. Either party shal! 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 cfforts and negotiation between the City Representative and a Service Provider
representative. At all times and as long as the City is in compliance with its payment obligations
to Service Provider, Service Provider shall carry on the undisputed work under ihis contract and
maintain and complete undisputed 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 may
provide, except when the City request Service Provider to provide over time or expend additional
resources to complete the work and such delay is not the result of Service Providers negligent acts,
errors Or Omissions.
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;
» $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
>» $1,000,000 Profession Liability;
> and Workers’ Compensation Coverage in compliance with the State of New Hampshire
statutes, $100,000/$500,000/$ 100,000.
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 are 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
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