If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a termination at
will of all or part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Independent Contractor shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, services, or facilities, other than as may be
necessary or required for completion of such portion of work under the contract that is not terminated.
3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the City of
Nashua of all orders or subcontracts to the extent they relate to the performance of work terminated,
abandoned, or suspended under the notice, assign to the City of Nashua any orders or subcontracts
specified in the notice, and revoke agreements specified in the notice.
4. Not resume work after the effective date of a notice of suspension until receipt of a written notice from
the City of Nashua to resume performance.
In the event of a termination, abandonment, or suspension at will, Independent Contractor shall receive all
amounts due and not previously paid to Independent Contractor for work satisfactorily completed in accordance
with the contract prior to the date of the notice and compensation for work thereafter completed as specified in the
notice. No amount shall be allowed or paid for anticipated profit on unperformed services or other unperformed
work.
B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10 calendar day’s
written notice to Independent Contractor in the event of a failure by Independent Contractor to adhere to any or all
the terms and conditions of the contract or for failure to satisfactorily, in the sole opinion of the City of Nashua, to
complete or make sufficient progress on the work in a timely and professional manner. Independent Contractor
shall be given an opportunity for consultation with the City of Nashua prior to the effective date of the
termination. Independent Contractor may terminate the contract on 10 calendar days written notice if, through no
fault of Independent Contractor, the City of Nashua fails to pay Independent Contractor for 45 days after the date
of approval by the City of Nashua of any Application for Payment.
Upon receipt of notice of termination for cause, Independent Contractor shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
Provide the City of Nashua with a list of all unperformed services.
3. Place no further orders or sub-contracts for materials, services, or facilities, other than as may be
necessary or required for completion of such portion of work under the contract that is not terminated.
4. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the City of
Nashua of all orders or sub contracts to the extent they relate to the performance of work terminated,
abandoned, or suspended under the notice, assign to the City of Nashua any orders or sub contracts
specified in the notice, and revoke agreements specified in the notice.
5, Not resume work after the effective date of a notice of termination unless and until receipt of a written
notice from the City of Nashua to resume performance.
In the event of a termination for cause, Independent Contractor shall receive all amounts due and not previously
paid to Independent Contractor for work satisfactorily completed in accordance with the contract prior to the date
of the notice, less all previous payments. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work. Any such payment may be adjusted to the extent of any
additional costs occasioned to the City of Nashua by reasons of Independent Contractor's failure. Independent
Contractor shall not be relieved of liability to the City of Nashua for damages sustained from the failure, and the
City of Nashua may withhold any payment to the Independent Contractor until such time as the exact amount of
damages due to the City of Nashua is determined. All claims for payment by the Independent Contractor must be
submitted to the City of Nashua within 30 days of the effective date of the notice of termination.
If after termination for the failure of Independent Contractor to adhere to any of the terms and conditions of the
contract or for failure to satisfactorily, in the sole opinion of the City of Nashua, to complete or make sufficient
progress on the work in a timely and professional manner, it is determined that Independent Contractor had not so
failed, the termination shall be deemed to have been a termination at will. In that event, the City of Nashua shail,
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