3. Insurance. The contract with the selected engineering firm shall contain
appropriate provisions insuring against public liability, including injuries or death to persons and
damage to property, arising out of or related to the engineer's performance thereunder, in the
amounts and coverage as required by the City and Hudson, and shall name the City and Hudson
as additional insured.
4, General Provisions
a. This Agreement shall be governed exclusively by the laws of the State of New
Hampshire and any claim or action brought relating to this agreement, 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.
b. Neither party shall assign the Agreement as a whole or in part without prior written
consent of the other.
c. The Agreement represents the entire and integrated agreement between the Parties
and supersedes prior negotiations, representations or agreements, either written or oral regarding
the subject matter hereof. The Agreement may be amended or modified only by a written
modification signed by both Parties.
d. This Agreement may be executed in any number of counterparts, each of which
when executed and delivered shall constitute a duplicate original, but all counterparts together
shall constitute a single agreement.
