10.
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days, if requested in writing by either the City of Nashua or the Professional Engineer
within 14 days after the 30 days described above, the parties shall attempt to resolve the
dispute by entering into structured non-binding negotiations with the assistance of a
mediator on a without prejudice basis. The mediator shall be appointed by agreement of
the parties, which agreement shall not be unreasonably withheld. If the parties cannot
agree to a mediator within 30 days or the dispute cannot be settled within a period of
thirty (30) days with the mediator, 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.
No DAMAGES FOR DELAY. Apart from a written extension of time, no payment,
compensation, or adjustment of any kind shall be made to Professional Engineer for
damages because of hindrances or delays in the progress of the work from any cause, and
Professional Engineer agrees to accept in full satisfaction of such hindrances and delays
any extension of time that the City of Nashua may provide.
. INSURANCE. Professional Engineer shall carry and maintain in effect during the
performance of services under this contract:
> General Liability insurance in the amount of $1,000,000 per occurrence;
$2,000,000 ageregate;
> $1,000,000 Combined Single Limit Automobile Liability;
*Cov i ~ e i Vv
> $5,000,000 Profession Liability;
> and Workers’ Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.
Professional Engineer shall maintain in effect at all times during the performance under
this contract all specified insurance coverage with insurers. None of the requirements as
to types and limits to be maintained by Professional Engineer are intended to and shall
not in any manner limit or qualify the liabilities and obligations assumed by Professional
Engineer under this contract. The City of Nashua shall not maintain any insurance on
behalf of Professional Engineer. Subcontractors are subject to the same General Liability,
Automobile Liability and Workers’ Compensation insurance requirements as the
Professional Engineer. Those subcontractors involved in design and implementation of
electrical/mechanical systems at the site shall also maintain Professional Liability
insurance. Jt shall be the Professional Engineer’s responsibility to ensure compliance of
these requirements.
Professional Engineer will provide the City of Nashua with certificates of insurance for
coverage as listed below and endorsements affecting coverage required by the contract
within ten calendar days after the City of Nashua issues the notice of award. The City of
Nashua requires thirty days written notice of cancellation or material change in coverage.
The certificates and endorsements for each insurance policy must be signed by a person
authorized by the insurer and who is licensed by the State of New Hampshire. General
Liability and Auto Liability policies must name the City of Nashua as an additional
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