Jackson Mills HPP GENERAL CONDITIONS (PART 1)
City of Nashua Page 18 of 20
25.
24.4. All required insurance policies of the Supplier can be issued by insurance companies from the European
24.5
Union. Insurance companies used in the European Union must meet the equivalent of an A.M. Best
Rating of A-/VIII or better.
Supplier shall deliver to Purchaser no later than thirty (30) Days after the Effective Date certificates of
insurance stipulated in Articles 24.1.1. and 24.1.2 as evidence that policies providing such coverage and
limits of insurance are in full force and effect. Such certificates shall name the Purchaser as additional
insured. Supplier shall also provide proof of policy endorsement, if specifically requested by the
Purchaser. The certificates of insurance shall provide at least thirty (30) Days’ advance written notice
to Purchaser prior to cancellation, termination, or material alteration of said policies of insurance.
Disputes
25.1.
25.2.
25.3.
25.4.
25.5—
25.5.
25.6.
Differences between the Parties related to the interpretation, application or administration of the
Contract or any failure to agree where agreement between the Parties is called for, herein collectively
called Disputes, which are not resolved through direct negotiation between the Parties, shall be settled
in accordance with the requirements of this Article 25.
A Party shall give written notice of a Dispute to the other Party no later than fifteen (15) days after it
has failed to find a resolution through negotiation. Such notice shall set forth particulars of the matters
in dispute, the probable extent and value of the damage and the relevant provisions of the Contract
Documents. The other Party shall reply to such notice no later than seven (7) days after it receives such
notice, setting out in such reply any relevant provisions of the Contract Documents.
If a Dispute is not resolved promptly, the Purchaser may give such instructions as, in its opinion, are
necessary for the proper performance of the Work to prevent delays pending settlement of the Dispute.
The Supplier shall act immediately according to such instructions, it being understood that by so doing
the Supplier will not prejudice any claim it may have arising out of the matter in dispute.
The Parties shall make all reasonable efforts to resolve any Dispute by amicable negotiations. After a
period of fifteen (15) days following receipt of the Purchaser's reply under Article 25.2 hereof, the
Parties shall submit any unresolved Dispute to mediationbinding-arbitration.
At all times, Suppler shall carry on the Work and maintain and complete Work in accordance with the
requirements of the contract documents. If the Parties are unable to resolve their Dispute as described
above, the Parties shall submit their Dispute to a New Hampshire Mediator. The Parties shall share the
mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is
located, unless another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
If either Party or both are dissatisfied with mediation, the Parties’ reserve the right to pursue any
available legal and/or equitable remedies for any breaches of this contract except as that right may be
limited by the terms of this contact.
18
Mavel Americas, Inc.
