Contractor shall mainiain 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
Contractor are intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by Contractor under this contract. The City of Nashua shall not maintain any insurance on
behalf of Contractor. SubContractors are subject to the same insurance requirements as Contractor
and it shall be the Contractor’s responsibility to ensure compliance of this requirement.
Contractor 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 licensed by the State of New Hampshire. General Liability,
Employers’ Liability and Auto Liability polices must name the City of Nashua as an additional insured
and reflect on the certificate of insurance. Contractor 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,
Contractor 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 Contractor of its responsibilities or limit the
amount of its liability to the City or other persons, and Contractor 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.
=" Contractor is responsible for and required to remedy all damage or loss to any property, including
property of the City, caused in whole or part by Contractor or anyone employed, directed, or
supervised by Contractor.
12. INDEMNIFICATION. Regardless of the coverage provided by any insurance, Contractor agrees
to indemnify and shall defend and hold harmless the City, 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,
attorneys’ 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 Contractor or of anyone acting under its direction or control
or on its behalf in connection with or incidental to the performance of this contract. Contractor'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.
13. FISCAL CONTINGENCY. All payments under this contract are contingent upon the availability to the City
of the necessary funds. This contract shall terminate and the City's obligations under it shall be
extinguished at the end of any fiscal year in which the City fails to appropriate monies for the ensuing
fiscal year sufficient for the performance of this contract.
Nothing in this contract shall be construed to provide Contractor with a right of payment over any other
entity. Any funds obligated by the City under this contract that are not paid to Contractor shall
automaticaily revert to the City’s discretionary control upon the completion, termination, or cancellation
of the agreement. The City shall not have any obligation to re-award or to provide, in any manner, the
unexpended funds to Contractor. Contractor shall have no claim of any sort to the unexpended funds.
14. COMPENSATION. Review by the City of Contractor's invoice forms and progress reports for payment
will be promptly accomplished by the City. If there is insufficient information, the City may require
Contractor to submit additional information. Uniess the City, in its sole discretion, decides otherwise,
GC - 6 of 14
