9.2
9.3
9.4
9.5
9.6
i. Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the Municipality with a written list of all unperformed services.
3. Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract
that is not terminated.
4, Not resume work after the effective date of a notice of termination unless and until
receipt of a written notice from the Municipality to resume performance
9.1.2 In the event of a termination, Contractor shall receive all amounts due and not previously paid
to Contractor for work satisfactorily completed in accordance with the contract prior to the
date of the notice, less all previous payments. No amount shali be allowed or paid for
anticipated profit on unperformed services or other unperformed work. Any such payment
may be adjusted to the extent of any additional costs occasioned to the Municipality by reasons
of Contractor’s failure. Contractor shall not be relieved of Hability to the Municipality for
damages sustained from the failure, and the Municipality may withhold any payment to the
Contractor until such time as the exact amount of damages due to the Municipality is
determined. All claims for payment by the Contractor must be submitted to the Municipality
in writing within 30 days of the effective date of the notice of termination.
9.1.3 Upon termination of the contract, the Municipality may take over the work and prosecute it to
completion by agreement with another party or otherwise. In the event Contractor shall cease
conducting business, the Municipality shall have the right to solicit applications for
employment from any employee of the Contractor assigned to the performance of the contract.
Neither party shail 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 control of such party. Delays arising from the actions or inactions of one or more
of Contractor’s principals, officers, employees, agents, subcontractors, consultants, vendors, or suppliers
are expressly recognized to be within Contractor’s control.
Dispute Resolution: The parties shall attempt to resolve any dispute related to this contract as follows.
Either party shall provide to the other party, in writing and with full documentation to verify and
substantiate 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. At all times, Contractor 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 Municipality. If the parties are unable to resolve their dispute
as described above within 30 days, 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 contract.
Applicable Law, Venue And Jurisdiction: This contract is to be construed as a New Hampshire |
contract, governed by the laws of the State of New Hampshire, any action arising out of this contract
shall be brought in the New Hampshire Circuit Court, 9" Circuit, District Division, Nashua or
Hillsborough County, New Hampshire Superior Court and not elsewhere.
Cumulative Rights And Remedies: No right or remedy herein conferred upon or reserved to the
Municipality is intended to be exclusive of any other right or remedy and each and every right and
remedy shall be cumulative and in addition to any other right or remedy given under the contract or
now or hereafter existing at law, in equity or by statute.
Assignment of Contract No assignment by a party hereto of any rights under or interests in the Contract
will be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract.
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