17)
18)
by the wages, salaries, or other remunerations paid to persons by the Bidder on work performed
under the terms of this contract and further agrees to obey all lawful rules and regulations and to
meet all lawful requirements which are now or may be issued or promulgated under said respective
laws by any duly authorized State or Federal officials; and said Bidder also agrees to indemnify and
hold harmless NTS from any contributions or liability.
INDEMNIFICATION
The Contractor shall, to the extent permitted by law:(1) protect, indemnify and save the City of
Nashua and its officers, employees and agents, including consultants, harmless from and against
any and all liabilities, damages, claims, demands, liens, encumbrances, judgments, awards, losses,
costs, expenses and suits or actions or proceedings, including reasonable expenses, costs and
attorneys’ fees incurred by the City of Nashua and its officers, employees and agents, including
consultants, in the defense, settlement or satisfaction thereof, for any injury, death, loss or damage
to persons or property of any kind whatsoever, arising out of or resulting from the intentional
misconduct or negligent acts, errors or omissions of the Contractor in the performance of the
Contract, including intentional misconduct, negligent acts, errors or omissions of its officers,
employees, servants, agents, Subcontractors and Suppliers; and (2) upon receipt of notice and if
given authority, shall settle at its own expense or undertake at its own expense the defense of any
such suit, action or proceeding, including appeals, against the City of Nashua and its officers,
employees and agents, including consultants, relating to such injury, death, loss or damage. Each
party shall promptly notify the other in writing of the notice or assertion of such claim, demand,
jien, encumbrance, judgment, award, suit, action or other proceeding hereunder. The Contractor
shali have sole charge and direction of the defense of such suit, action or proceeding. The City of
Nashua shall not make any admission that might be materially prejudicial to the Contractor unless
the Contractor has failed to take over the conduct of any negotiations or defense within a reasonable
time after receipt of the notice and authority above provided. The City of Nashua shall at the request
of the Contractor furnish to the Contractor all reasonable assistance that may be necessary for the
purpose of defending such suit, action or proceeding, and shall be repaid all reasonable costs
incurred in doing so, The City of Nashua shall have the right to be represented therein by advisory
council of its own selection at its own expense.
The obligations of the Contractor under the above paragraph shall not extend to circumstances
where the injury, death or damages are caused solely by the negligent acts, errors or omissions of
the City of Nashua, its officers, employees, agents or consultants, including, without limitation,
negligence in:(1) the preparation of the Contract documents, or (2) the giving of directions or
instructions with respect to the requirements of the Contract by written order. The obligations of the
Contractor shali not extend to circumstances where the injury, death or damages are caused, in
whole or in part, by the negligence of any third-party operator, not including an assignee or
Subcontractor of the Contractor, subject to the right of contribution. In case of joint or concurrent
negligence of the parties giving rise to a claim or loss against either one or both, each shall have full
rights of contribution from the other.
EQUAL EMPLOYMENT OPPORTUNITY
In implementing the Contract, the Bidder may not discriminate against any employee or applicant for
employment because of race, color, creed, sex, disability, age or national origin. The Recipient agrees
to take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, sex, disability, age or national
origin. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
22
