14. QUALIFICATIONS.
The Appraiser warrants that he or she is qualified to perform the services to be furnished under
this Contract and is permitted by law to perform such services. Appraiser’s opinion of value will
be developed competently and with independence, impartiality and objectivity. Appraiser shall
use all approaches necessary to develop a credible opinion of value. In addition, the Appraiser
certifies that the statement, which shall be appended to his or her appraisal, setting forth his or
her technical qualifications, general appraisal experience, specific experience in appraising
properties of the type involved in this Contract, the courts in which he or she has testified as an
expert witness, and other mformation pertinent to establishing his or her technical qualifications
is true and correct.
15. CONTRACT TERMINATION,
a. Termination for Default. Hf either the City or the Appraiser violates any material term or
condition of this Contract or fails to fulfill in a timely and proper manner its obligations under
this Contract, then the aggrieved party shall give the other party written notice of such failure or
violation. The responsible party shall give the other party written notice of a proposed correction
to such failure or violation. The responsible party will correct the violation or failure within
thirty (30) calendar days or as otherwise mutually agreed. If the failure or violation is not
corrected, this Contract may be terminated immediately by written notice from the aggrieved
party to the other party. The option to terminate shall be at the sole discretion of the aggrieved
party. If it is determined for any reason the failure to perform is without the defaulting party's
control, fault, or negligence, the termination shail be deemed to be a Termination for
Convenience. This section shall not apply to any failure(s) to perform that result from the willful
or negligent acts or omissions of the aggrieved party.
b. Term for Convenience. When it is in the best interest of the City, the City may terminate
this Contract, in whole or in part by providing fourteen (14) calendar days or other appropriate
length of time written notice to the Appraiser prior to the effective date of termination. If this
Contract is so terminated, the City is liable only for payments required by the terms of this
Contract for services received and accepted by the City.
16. APPLICABLE LAW, REMEDIES.
This Coniract shall be governed in accordance with the laws of the State of New Hampshire. All
claims, counterclaims, disputes and other matters in question between the City its agents and
employees, and the Appraiser arising out of or relative to this Contract or its breach will be
brought in the Hillsborough County Superior Court, Sothern District, State of New Hampshire.
17. NONEXCLUSIVE REMEDIES.
The remedies provided for in this Contract shall not be exclusive but are in addition to all other
remedies available under the law.
