ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding
on another party hereto without the written consent of the party sought to be bound; and, specifically but
without limitation, moneys that may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under the Contract Documents.
9.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect
to all covenants, agreements, and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding
upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
9.05 Choice of Law and Venue
A. This agreement shall be governed exclusively by the laws of the State of New Hampshire and any
claim or action brought relating to this contract, the work performed or contracted to be performed
thereunder, or referable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior
Court Southern Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere
Address for Giving Notices to Owner: Address for Giving Notices to Contractor:
Matthew Franz, P.E., DPW Senior Staff Engineer | William Davis, Manager
Division of Public Works William P. Davis Excavation LLC
Engineering Department PO Box 758
9 Riverside Street Hampton, NH 03843
Nashua, NH 03062 wil@wpdavisexcavation.com
Email: FranzM@NashuaNuH.gov
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.
AG -6o0f7
