25.
26.
27,
28.
29,
RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the rights and remedies
available under the contract shall be in addition to and not a limitation of any duties, obligations, rights, and
remedies otherwise imposed or available by law.
PROHIBITED INTERESTS Independent Contractor shall not allow any officer or employee of the City of Nashua
to have any indirect or direct interest in this contract or the proceeds of this contract. Independent Contractor
warrants that no officer or employee of the City of Nashua has any direct or indirect interest, whether contractual,
noncontractual, financial or otherwise, in this contract or in the business of Independent Contractor. If any such
interest comes to the attention of Independent Contractor at any time, a full and complete disclosure of the interest
shall be immediately made in writing to the City of Nashua. Independent Contractor also warrants that it presently
has no interest and that it will not acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required to be performed under this contract. Independent Contractor
further warrants that no person having such an interest shall be employed in the performance of this contract. If
City of Nashua determines that a conflict exists and was not disclosed to the City of Nashua, it may terminate the
contract at will or for cause in accordance with paragraph 8.
In the event Independent Contractor (or any of its officers, partners, principals, or employees acting with its
authority) is convicted of a crime involving a public official arising out or in connection with the procurement of
work to be done or payments to be made under this contract, City of Nashua may terminate the contract at will or
for cause in accordance with paragraph 8. Upon termination, Independent Contractor shall refund to the City of
Nashua any profits realized under this contract, and Independent Contractor shail be liable to the City of Nashua
for any costs incurred by the City of Nashua in completing the work described in this contract. At the discretion
of the City of Nashua, these sanctions shall also be applicable to any such conviction obtained after the expiration
or completion of the contract.
Independent Contractor warrants that no gratuities (including, but not limited to, entertainment or gifts) were
offered or given by Independent Contractor to any officer or employee of the City of Nashua with a view toward
securing a contract or securing favorable treatment with respect to the awarding or amending or making of any
determinations with respect to the performance of this contract. If City of Nashua determines that such gratuities
were or offered or given, it may terminate the contract at will or for cause in accordance with paragraph 8.
The rights and remedies of this section shall in no way be considered for be construed as a waiver of any other
rights or remedies available to the City of Nashua under this contract or at law.
‘THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Independent Contractor, including any of
their respective agents or employees, shall not be liable to third parties for any act or omission of the other party.
This contract is not intended to create any rights, powers, or interest in any third party and this agreement is
entered into for the exclusive benefit of the City of Nashua and Independent Contractor.
SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their nature survive
termination or completion of this contract shall remain in full force and effect.
SEVERABILITY In the event that any provision of this contract is rendered invalid or unenforceable by any valid
act of Congress or of the New Hampshire legislature or any court of competent jurisdiction, or is found to be in
violation of state statutes or regulations, the invalidity or unenforceability of any particular provision of this
contract shall not affect any other provision, the contract shall be construed as if such invalid or unenforceable
provisions were omitted, and the parties may renegotiate the invalid or unenforceable provisions for sole purpose
of rectifying the invalidity or unenforceability.
. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire contract between
the City of Nashua and Independent Contractor. The parties shall not be bound by or be liable for any statement,
representation, promise, inducement, or understanding of any kind or nature not set forth in this contract. No
changes, amendments, or modifications of any terms or conditions of the contract shall be valid unless reduced to
writing and signed by both parties.
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