GOVERNING LAW AND VENUE
This Agreement shail be interpreted and enforced in accordance with the laws of the
state of New Hampshire, excluding any choice of Law or conflicts of law rules that would
result in the application of the laws of a different jurisdiction, and any litigation related
to this Agreement shall be brought in a state court located in the State of New
Hampshire.
SEVERABILITY
if any provision of this Agreement is determined to be void, unlawful, or otherwise
unenforceable, that provision shall be severed from the remainder of this Agreement,
and replaced automatically by a provision containing terms as nearly like the void,
unlawful, or unenforceable provision as possible, or otherwise modified in such fashion
as to preserve, to the maximum extent possible, the original intent of the Parties, and
this Agreement, as so modified shall continue to be in full force and effect.
. AMENDMENT
No modification, amendment, or other change to this Agreement shall be effective
unless agreed to in writing signed by each of the Parties.
Any proposed modification to the Scope of Work, including schedule, shall be submitted
in. writing to the CITY with an explanation for the need to amend the Agreement and
proposed adjustment.
NO WAIVER
Failure or forbearance by and Party to exercise any of its rights or remedies under this
Agreement shall not constitute a waiver of such rights or remedies in that or any other
instance. No Party shall be deemed to have waived any right or remedy resulting from
such failure to perform unless it has made such waiver specifically in writing.
. TERMINATION
This Agreement can be terminated, in its sole discretion, by the CITY at any time, and
CONTRACTOR will be paid for all work performed up to the termination date. The CITY
shall have the benefit of all work performed te the date of termination, and is entitled
to all work, reports, drafts, notes, recommendations, ete. performed or prepared by
CONTRACTOR up to the termination date. For termination by default please refer to the
FTA clauses located within Exhibit A.
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