58)
59}
60)
61)
subrogation rights against The City of Nashua.
Insurance is to be placed with admitted insurers rated by A.M. Best Co. as A: VIL or higher.
Each of the above-required policies shall be endorsed to provide within thirty (30) days prior written
notice of cancellation. NTS is not liable for the payment of premiums or assessments on the policy.
No cancellation provisions in the insurance policy shall be construed in derogation of the
continuing duty of the awarded Bidder to furnish insurance during the term of any contract
resulting from this proposal,
None of the requirements as to types and limits to be maintained by Bidder are intended to and
shall not in any manner limit or qualify the liabilities and obligations assumed by Bidder under this
contract. The City of Nashua shal! not maintain any insurance on behalf of Bidder.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.] F are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shali be
deemed to control in the event of a conflict with other provisions contained in this Agreement. The
Bidder shalk not perform any act, fail to perform any act, or refuse to comply with any requests
which would cause this procurement to be in violation of the FTA terms and conditions.
PUBLIC RECORDS
Under State of New Hampshire law, the documents (including but not limited to written, printed,
graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or
reproductions thereof) submitted in response to this request for proposals (the “documents”)
become a public record upon submission to NTS, subject to mandatory disclosure upon request
by any person, unless the documents are exempted from public disclosure by a specific provision
of law.
GRATUITIES
Neither the Bidder nor any person, firm, or corporation employed by the Bidder shall give,
directly or indirectly, to any employee or agent of NTS, any gift, money, or anything of value, or
any promise, obligation, or contract for future reward or compensation, during the proposal
process or during the performance of any contract period resulting from this proposal.
GOVERNING LAW
The Agreement, which may ensue under this solicitation, shall be governed exclusively by the
federal laws of the United States of America and the laws of the State of New Hampshire. THIS
AGREEMENT WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION
ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS OR BY THE
PROVISIONS OF ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE, THE
APPLICATION OF WHICH IS EXPRESSLY EXCLUDED.
The laws of the State shall govern the rights, obligations, and remedies of the parties. Whenever
there is no applicable state statute or decisional precedent governing the interpretation of, or
disputes arising under or related to, this contract, then Federal common law, including the law
developed by Federal boards of contract appeals, the United States Claims court (formerly the
Court of Claims), and the Comptroller General of the United States, shail govern. Venue of any
action shall lie exclusively in the County of Hillsborough, New Hampshire. This is the complete
agreement between the parties. If any provision of the contract is find to be invalid or
unenforceable, the remaining provisions shall not be impaired.
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