12.
13.
14,
I5.
16,
certificates of insurance with the City of Nashua’s Risk Management Department during the life of the contract.
> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.
> — The specified insurance requirements do not relieve Independent Contractor of its responsibilities or limit
the amount of its liability to the City of Nashua or other persons, and Independent Contractor is
encouraged to purchase such additional insurance, as it deems necessary. The insurance provided herein
is primary, and no insurance held or owned by the City of Nashua shall be called upon to contribute to a
loss.
> Independent Contractor is responsible for and required to remedy all damage or loss to any property,
including property of the City of Nashua, caused in whole or part by Independent Contractor or anyone
employed, directed, or supervised by Independent Contractor.
INDEMNIFICATION Regardless of any coverage provided by any insurance, Independent Contractor agrees to
indemnify and hold harmless the City of Nashua, its agents, officials, employees and authorized representatives
and their employees from and against any and all suits, causes of action, legal or administrative proceedings,
arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees, costs and expenses of any kind or
nature in any manner caused, occasioned, or contributed to in whole or in part by reason of any negligent act,
omission, or fault or willful misconduct, whether active or passive, of Independent Contractor or of anyone acting
under its direction or control or on its behalf in connection with or incidental to the performance of this contract.
Independent Contractor’s indemnity and hold harmless obligations, or portions thereof, shall not apply to liability
caused by the sole negligence or willful misconduct of the party indemnified or held harmless.
FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to the City of
Nashua of the necessary funds. This contract shall terminate and the City of Nashua's obligations under it shall be
extinguished at the end of any fiscal year in which the City of Nashua fails to appropriate monies for the ensuing
fiscal year sufficient for the performance of this contract.
Nothing in this contract shall be construed to provide Independent Contractor with a right of payment over any
other entity. Any funds obligated by the City of Nashua under this contract that are not paid to Independent
Contractor shall automatically revert to the City of Nashua’s discretionary control upon the completion,
termination, or cancellation of the agreement. The City of Nashua shall not have any obligation to re-award or to
provide, in any manner, the unexpended funds to Independent Contractor. Independent Contractor shall have no
claim of any sort to the unexpended funds.
COMPENSATION Review by the City of Nashua of Independent Contractor's submitted monthly invoice forms and
progress reports for payment will be promptly accomplished by the City of Nashua. If there is insufficient
information, the City of Nashua may require Independent Contractor to submit additional information. Unless the
City of Nashua, in its sole discretion, decides otherwise, the City of Nashua shall pay Independent Contractor in
full within 30 days of approval of the submitted monthly invoice forms and progress reports.
COMPLIANCE WITH APPLICABLE LAWS Independent Contractor, at all times, shall fully and completely comply
with all applicable local, state and federal laws, statutes, regulations, ordinances, orders, or requirements of any
sort in carrying out the obligations of this contract, including, but not limited to, all federal, state, and local
accounting procedures and requirements, all immigration and naturalization laws, and the Americans With
Disabilities Act. Independent Contractor shall, throughout the period services are to be performed under this
contract, monitor for any changes to the applicable laws, statutes, regulations, ordinances, orders, or requirements,
shall promptly notify the City of Nashua in writing of any changes to the same relating to or affecting this
contract, and shall submit detailed documentation of any effect of the change in terms of both time and cost of
performing the contract.
NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation, order, or other
requirement, Independent Contractor agrees to the following terms. Independent Contractor will not discriminate
against any employee or applicant for employment because of physical or mental handicap in regard to any
position for which the employee or applicant for employment is qualified. Independent Contractor agrees to take
affirmative action to employ, advance in employment, or to otherwise treat qualified, handicapped individuals
without discrimination based upon physical or mental handicap in all employment practices, including but not
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