Neither party shall be considered in default of the performance of its obligations hereunder to the
extent that performance of such obligations is prevented or delayed by any cause, existing or
future, which is beyond the reasonable contro} of such party. Delays arising from the actions or
inactions of one or more of Service Provider's principals, officers, employees, agents,
subcontractors, consultants, vendors, or suppliers are expressly recognized to be within Service
Provider's control.
9, DISPUTE RESOLUTION. Any dispute not within the scope of section 7 or section 8 shall
be resolved under this paragraph. Either party shall provide to the other party, in writing and with
full documentation to verify and substantiate its decision, its stated position concerning the
dispute. No dispute shall be considered submitted and no dispute shall be valid under this
provision unless and until the submitting party has delivered the written statement of its position
and full documentation to the other party. The parties shall then attempt to resolve the dispute
through good faith efforts and negotiation between the City Representative and a Service
Provider representative. At all times and as long as the City is in compliance with Its payment
obligations to Service Provider of undisputed amounts, Service Provider shall carry on the work
under this contract and maintain and complete work in accordance with the requirements of the
contract or determination or direction of the City. Ifthe dispute is not resolved within 60 days,
either party pursue its remedies pursuant to this contract.
10. NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment,
compensation, or adjustment of any kind shall be made to Service Provider for damages because
of hindrances or delays in the progress of the work from any cause, and Service Provider agrees
to accept in full satisfaction of such hindrances and delays any extension of time that the City
may provide, except when the city request Service Provider to provide over time or expend
additional resources to complete the work and such delay is not the result of Service Providers
negligent acts, errors or omissions.
11. INSURANCE. Service Provider shall carry and maintain in effect during the performance
of services under this contract:
> General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
agerepate;
» $1,000,000 Combined Single Limit Automobile Liability,
*Coverage must include all owned, non-owned and hired vehicles.
> $1,000,000 Profession Liability;
service Provider shall maintain in effect at all times during the performance under this contract
all specified insurance coverage with insurers. None of the requirements as to types and limits to
be maintained by Service Provider are intended to and shall not in any manner limit or qualify
the abilities and obligations assumed by Service Provider under this contract. The City of
Nashua shall not maintain any insurance on behalf of Service Provider. Subcontractors are
subject to the same insurance requirements as Service Provider and it shall be the Service
Provider's responsibility to ensure compliance of this requirement.
Service Provider will provide the City of Nashua with certificates of insurance for coverage as
listed below and endorsements affecting coverage required by the contract within ten calendar
days after the City issues the notice of award. The City of Nashua requires thirty days written
notice of cancellation of coverage. The certificates and endorsements for each insurance policy
must be signed by a person authorized by the insurer and who is authorized by the State of New
