21.
22.
23.
hours and as frequently as is deemed necessary, by the City, including, but not limited to, the
contracting agency, Corporation Counsel, General Accounting Office, the Department of Housing and
Urban Development and, if applicable, the Comptroller General of the United States, or any authorized
representative of those entities.
DISPOSITION OF CONTRACT MATERIALS. Any books, reports, studies, photographs, negatives or other
documents, daia, drawings or other materials, including but not limited to those contained in mecia of
any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Contractor in the performance
of its obligations under this contract shall be the exclusive property of the City and all such materials
shall be remitted and delivered, at Contractor's expense, by Contractor to the City upon completion,
termination, or cancellation of this contract. Alternatively, if the City provides its written approval to
Contractor, any books, reports, studies, photographs, negatives or other documents, data, drawings
or other materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Contractor in the performance of its obligations under this
contract must be retained by Contractor for a minimum of four years after final payment is made and
all other pending matters are closed. If, at any time during the retention period, the City, in writing,
requests any or all of the materials, then Contractor shall promptly remit and deliver the materials, at
Contractor's expense, to the City. Contractor shall not use, willingly allow or cause to have such
materials used for any purpose other than the performance of Contractor's obligations under this
contract without the prior written consent of the City.
PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS. Contractor expressly agrees that all documents
ever submitted, filed, or deposited with the City by Contractor (including those remitted to the City by
Contractor pursuant to paragraph 21), unless designated as confidential by a specific statue of the
State of New Hampshire, shall be treated as public records and shall be available for inspection and
copying by any person, or any governmental entity.
No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic, magnetic,
digital) prepared by or supplied to Contractor in the performance of its obligations under this contract
shall be the subject of any application for a copyright or patent by or on behaif of Contractor. The City
shall have the right to reproduce any such materials.
Contractor expressly and indefinitely waives all of its rights to bring, including but not limited to, by way
of complaint, interpleader, intervention, or any third party practice, any claims, demands, suits,
actions, judgments, or executions, for damages or any other relief, in any administrative or judicial
forum, against the City or any of its officers or employees, in either their official or individual capacity,
for violations of or infringement of the copyright or patent laws of the United States or of any other
nation. Contractor agrees to indemnify, to defend, and to hold harmless the City, its representatives,
and employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material prepared
by or supplied to Contractor infringes any copyright or that any equipment, material, or process (or any
part thereof) specified by Contractor infringes any patent.
Contractor shall have the right, in order to avoid such claims or actions, to substitute at its expense
non-infringing materials, concepts, products, or processes, or to modify such infringing materials,
concepts, products, or processes so they become non-infringing, or to obtain the necessary licenses
to use the infringing materials, concepts, products, or processes, provided that such substituted or
modified materials, concepts, products, or processes shall meet all the requirements and be subject
to all the terms and conditions of this contract.
FINAL. ACCEPTANCE. Upon completion of all work under the contract, Contractor shall notify the City in
writing of the date of the completion of the work and request confirmation of the completion from the
City. Upon receipt of the notice, the City shall confirm to Contractor in writing that the whole of the
work was completed on the date indicated in the notice or provide Contractor with a written list of work
not completed. With respect to work listed by the City as incomplete, Contractor shall promptly
complete the work and the final acceptance procedure shall be repeated. The date of final acceptance
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