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  2. Finance Committee - Agenda - 3/6/2019 - P141

Finance Committee - Agenda - 3/6/2019 - P141

By dnadmin on Mon, 11/07/2022 - 13:10
Document Date
Fri, 03/01/2019 - 12:37
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/06/2019 - 00:00
Page Number
141
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__030620…

Upon termination of the contract, the OWNER may take over the work and prosecute it to completion by agreement
with another party or otherwise. In the event CONTRACTOR shall cease conducting business, the OWNER shall have

the right to solicit applications for employment from any employee of the CONTRACTOR assigned to the
performance of the contract.

Neither party shall be considered in default of the performance of its obligations hereunder to the extent that
performance of such obligations is prevented or delayed by any cause, existing or future, which is beyond the
reasonable control of such party. Delays arising from the actions or inactions of one or more of CONTRACTOR's

principals, officers, employees, agents, subcontractors, consultants, vendors, or suppliers are expressly recognized to
be within CONTRACTOR's control.

ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures

A. The parties shall attempt to resolve any dispute related to this contract as follows. Either party shall provide to the
other party, in writing and with full documentation to verify and substantiate its decision, its stated position concerning
the dispute. No dispute shall be considered submitted and no dispute shall be valid under this provision unless and
until the submitting party has delivered the written statement of its position and full documentation to the other party.
The parties shall then attempt to resolve the dispute through good faith efforts and negotiation between the OWNER
Representative and a CONTRACTOR Representative. At all times, CONTRACTOR shall carry on the work under
this contract and maintain and complete work in accordance with the requirements of the contract or determination or
direction of the OWNER. If the parties are unable to resolve their dispute as described above within 30 days, the
parties may request that the dispute be submitted to the Board of Public Works for resolution. If the parties are
dissatisfied with the decision of 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.

ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice

A. Whenever any provision of the Contact Documents requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation
for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.

17.02 Computation of Times

A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first
and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

17.03 Cumulative Remedies

A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to
the parties hereto are in addition to, and are not to be construed in any way as a limitation or, any rights and remedies
available to any or all of them which are otherwise imposed or available by Laws and Regulations, by special warranty
or guarantee, or by other provisions of the contract Documents, and the provisions of this paragraph will be as effective
as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and
remedy to which they apply.

17.04 Survival of Obligations

GC - 51 of 53

Page Image
Finance Committee - Agenda - 3/6/2019 - P141

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