10.
I.
the Board of Public Works, the parties’ reserve the right to pursue any available legal and/or
equitable remedies for any breaches of this contract except as that right may be limited by the
terms of this contract.
NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation,
or adjustment of any kind shall be made to Independent Contractor for damages because of
hindrances or delays in the progress of the work from any cause, and Independent Contractor
agrees to accept in full satisfaction of such hindrances and delays any extension of time that the
City of Nashua may provide. Further, the Independent Contractor shall not be liable for damages
caused by delays attributed to other parties.
INSURANCE Independent Contractor shall carry and maintain in effect during the performance of
services under this contract:
> Professional Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
>» $1,000,000 Combined Single Limit Automobile Liability; Coverage must include all
owned, non-owned and hired vehicles ; and
> Workers' Compensation Coverage in compliance with the State of New Hampshire
statutes, $100,000/3500,000/3100,000.
Independent Contractor shall maintain in effect at all times during the performance under this
contract all specified insurance coverage with insurers. None of the requirements as lo types
and limits to be maintained by Independent Contractor are intended to and shall not in any
manner limit or qualify the liabilities and obligations assumed by Independent Contractor under
this contract. The City of Nashua shall not maintain any insurance on behalf of Independent
Contractor. Subcontractors and subconsultants are subject to the same insurance requirements
as Independent Contractor and it shall be the Independent Contractor’s responsibility to ensure
compliance of this requirement.
Independent Contractor will provide the City of Nashua with certificates of insurance for
coverage as listed below and endorsements affecting coverage required by the contract. The
City of Nashua requires thirty days written notice of cancellation or material change in
coverage. The certificate of insurance must be signed by a person authorized by the insurer and
who is licensed by the State of New Hampshire. General Liability policy must name the City
of Nashua as an additional insured on the certificate of insurance. Independent 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.
> The specified msurance requirements do not relieve Independent Contractor of its
responsibilities or limit the amount of its liability to the City of Nashua or other persons,
and Independent 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.
GC 6 of 12
