38. Notices
All notice required hereunder and all communications made with respect to this Agreement shall be
‘deemed to be made when deposited with the United States Postal Service, postage prepaid, return
receipt requested and addressed as follows:
To CONTRACTOR:
First Transit:
Attn: Tim McCann, Senior Vice President
1020 Center Street, Suite 16
Horseheads, NY 14845
Tothe CITY of Nashua:
CITY of Nashua - Nashua Transit
Attn: Transportation Department Manager
11 Riverside Street
Nashua, NH 03062
or to such other address as may from time to time be designated in a notice sent to the other party
for that purpose.
39. Rights and Remedies
The duties and obligations imposed by this Agreement and the rights and remedies available under
this Agreement shall be in addition to and not a limitation of any duties, obligations, rights, and
remedies otherwise imposed or available by law.
40. Incorporation of FTA Terms
The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT,
whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual
provisions, as stated in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this Agreement. The contractor shall not perform any act,
fail to perform any act, or refuse to comply with any request that would cause the recipient to be in
violation of FTA terms and conditions.
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