30. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire
31.
contract between the City of Nashua and Consultant. 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.
Neither the City of Nashua nor Consultant shall be liable to the other or shall make any claim for
any incidental, indirect or consequential damages arising out of or connected to this contract or
the performance of the services on this project. This mutual waiver includes, but is not limited to,
damages related to loss of use, loss of profits, loss of income, unrealized energy savings,
diminution of property value or loss of reimbursement or credits from governmental or other
agencies.
GC 11 of 11
