27.
28.
29.
30.
31.
General Contractor warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by General Contractor to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect
to the awarding or amending or making of any determinations with respect to the
performance of this contract. If City of Nashua determines that such gratuities were or
offered or given, it may terminate the contract at will or for cause in accordance with
paragraph 8.
The rights and remedies of this section shall in no way be considered for be construed as a
waiver of any other rights or remedies available to the City of Nashua under this contract or
at law.
THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and General Contractor,
including any of their respective agents or employees, shall not be liable to third parties for
any act or omission of the other party. This contract is not intended to create any rights,
powers, or interest in any third party and this agreement is entered into for the exclusive
benefit of the City of Nashua and General Contractor.
SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by
their nature survive termination or completion of this contract shall remain in full force and
effect.
SEVERABILITY In the event that any provision of this contract is rendered invalid
or unenforceable by any valid act of Congress or of the New Hampshire legislature or any
court of competent jurisdiction, or is found to be in violation of state statutes or regulations,
the invalidity or unenforceability of any particular provision of this contract shall not affect
any other provision, the contract shall be construed as if such invalid or unenforceable
provisions were omitted, and the parties may renegotiate the invalid or unenforceable
provisions for sole purpose of rectifying the invalidity or unenforceability.
MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the
entire contract between the City of Nashua and General Contractor. The parties shall not be
bound by or be liable for any statement, representation, promise, inducement, or
understanding of any kind or nature not set forth in this contract. No changes, amendments,
or modifications of any terms or conditions of the contract shall be valid unless reduced to
writing and signed by both parties.
CHOICE OF LAW AND VENUE This contract 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.
