ARTICLE 8 — ACCESS AV
1.
10.
Execution of the Contract by Access AV is a representation that Access AV has visited
the site, become familiar with local conditions under which the Work is to be performed
and correlated personal observations with requirements of the Contract Documents.
Access AV shall carefully study and compare the Contract Documents with each other
and with information furnished by the City of Nashua.
Access AV shall supervise and direct the Work, using Access AV’s best skill and
attention. Access AV shall be solely responsible for and have control over methods,
techniques, sequences and procedures, and for coordinating all portions of the Work.
Access AV, as soon as practicable after award of the Contract, shail furnish in writing to
the City of Nashua the names of subcontractors or suppliers for each portion of the
Work. The City of Nashua will promptly reply tio Access AV in writing if, after due
investigation, the City of Nashua has reasonable objection to the subcontractors or
suppliers listed.
Access AV warrants to the City of Nashua that the work will conform to the requirements
of the Contract Documents.
Access AV shall pay sales, consumer, use and similar taxes that are legally required
when the Contract is executed.
Access AV shall comply with and give notices required by agencies having jurisdiction
over the work. Access AV shall promptly notify the City of Nashua in writing of any
known inconsistencies in the Contract Documents with such governmental laws, rules
and regulations.
To the fullest extent permitted by law, Access AV shall indemnify and hold harmless the
City of Nashua and his employees from and against claims, damages, losses and
expenses, including but not limited to attorneys’ fees, arising out of or resulting from
performance of the work, except if caused solely by negligent acts or omissions of the
City of Nashua.
Access AV shall perform the Work with the professional skill and care ordinarily provided
by responsible and qualified vendors in the same or similar locality under the same or
similar circumstances. Access AV shall perform its services as expeditiously as is
consistent with such professional skill and care and the orderly progress of the Work.
Access AV represents and warrants that it has the right to use any software and
equipment necessary for it to perform the Work and that City’s use of any software and
equipment as described and contemplated by this Agreement will not infringe upon any
copyright, patent, trademark, or other intellectual property right worldwide or violate any
third party’s trade secret, contract, or confidentiality rights worldwide.
ARTICLE $ — CHANGES IN THE WORK
1.
After execution of the Contract, changes in the Work shall be accomplished by Change
Order or by written order pursuant to Article 9.4 below. The City of Nashua, without
invalidating the Contract, may order changes in the Work within the general scope of the
Contract consisting of additions, deletions or other revisions, the Contract Sum and
Contract Time being adjusted accordingly such changes shall be either by a written
Change Order as described herein or by a written order pursuant to Article 9.4.
A Change Order shall be a written order to Access AV signed by the City of Nashua to
change the Work, Contract Sum or Contract Time.
All change orders must be approved by City of Nashua Finance Committee vote prior to
proceeding.
The City of Nashua will have authority at its sole discretion to order minor changes in the
work not involving changes in the Contract Sum or the Contract Time and not
inconsistent with the intent of the Contract Documents. Such changes shall be written
orders and shall be binding on the City of Nashua and Access AV upon issuance by the
City of Nashua. Access AV shall carry out such written orders promptly.
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