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.
General Contractor is responsible for and required to remedy all damage or loss to any
property, including property of the City of Nashua, caused in whole or part by
Professional Engineer or anyone employed, directed, or supervised by Professional
Engineer.
12. INDEMNIFICATION Regardless of any coverage provided by any insurance, General Contractor
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agrees to indemnify and shall defend and hold harmless the City of Nashua, 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, attorney’s 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 General 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. General 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.
FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to
the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
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 General Contractor with a right of payment
over any other entity. Any funds obligated by the City of Nashua under this contract that are
not paid to General Contractor shall automatically revert to the City of Nashua’s discretionary
control upon the completion, termination, or cancellation of the agreement. The City of
Nashua shall not have any obligation to re-award or to provide, in any manner, the unexpended
funds to General Contractor. General Contractor shall have no claim of any sort to the unexpended
funds.
14. COMPENSATION Review by the City of Nashua of General Contractor's submitted monthly invoice
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forms and progress reports for payment will be promptly accomplished by the City of Nashua.
If there is insufficient information, the City of Nashua may require General Contractor to
submit additional information. Unless the City of Nashua, in its sole discretion, decides
otherwise, the City of Nashua shall pay General Contractor in full within 30 days of approval
of the submitted monthly invoice forms and progress reports.
COMPLIANCE WITH APPLICABLE LAWS General Contractor, at all times, shall fully and
completely comply with all applicable local, state and federal laws, statutes, regulations,
ordinances, orders, or requirements of any sort in carrying out the obligations of this contract,
including, but not limited to, all federal, state, and local accounting procedures and requirements,
all immigration and naturalization laws, and the Americans With Disabilities Act. General
Contractor shall, throughout the period services are to be performed under this contract, monitor
for any changes to the applicable laws, statutes, regulations, ordinances, orders, or
requirements, shall promptly notify the City of Nashua in writing of any changes to the same
relating to or affecting this contract, and shall submit detailed documentation of any effect of
the change in terms of both time and cost of performing the contract.
GC 8 of 11
