insured and reflect on the certificate of insurance. Professional Engineer is responsible
for filing updated certificates of insurance with the City of Nashua's Risk Management
Department during the life of the contract.
> All deductibles and self-insured retentions shall be fully disclosed in the
certificate(s) of insurance.
> Ifaggregate limits of less than $2,000,000 are imposed on bodily injury and
property damage, Professional Engineer must maintain umbrella liability
insurance of at least $1,000,000. All aggregates must be fully disclosed on
the required certificate of insurance.
> The specified insurance requirements do not relieve Professional Engineer of its
responsibilities or limit the amount of its liability to the City of Nashua or other
persons, and Professional Engineer is encouraged to purchase such additional
insurance, as it deems necessary.
> The insurance provided herein is primary, and no insurance held or owned by the
City of Nashua shall be called upon to contribute to a loss.
> Professional Engineer is responsible for and required to remedy all damage or loss
to any property, including property of the City of Nashua, caused by Professional
Engineer or anyone employed, directed, or supervised by Professional Engineer.
12. INDEMNIFICATION. Regardless of any coverage provided by any insurance, Professional
13.
Engineer agrees to indemnify and hold harmless the City of Nashua, its agents, officials,
employees and authorized representatives and their employees from and against any and
all suits, causes of action, legal or administrative proceedings, arbitrations, claims,
demands, damages, liabilities, interest, attorney’s fees, costs and expenses of any kind
or nature in any manner to the extent caused by any negligent act, error or omission, or
willful misconduct, whether active or passive, of Professional Engineer or of anyone
acting under its direction or control or on its behalf in connection with or incidental to the
performance of this contract. Professional Engineer’s indemnity and hold harmless
obligations, or portions thereof, shall not apply to liability caused by the negligence or
willful misconduct of the party indemnified or held harmless.
FISCAL CONTINGENCY. All payments under this contract are contingent upon the
availability to the City of Nashua of the necessary funds. This contract shall terminate
and the City of Nashua's obligations under it shall be extinguished at the end of any fiscal
year in which the City of Nashua fails to appropriate monies for the ensuing fiscal year
sufficient for the performance of this contract.
Nothing in this contract shall be construed to provide Professional Engineer with a right
of payment over any other entity. Any funds obligated by the City of Nashua under this
contract that are not paid to Professional Engineer shall automatically revert to the City of
Nashua’s discretionary control upon the completion, termination, or cancellation of the
agreement. The City of Nashua shall not have any obligation to re-award or to provide,
in any manner, the unexpended funds to Professional Engineer. Professional Engineer
shall have no claim of any sort to the unexpended funds.
GC 8 of 14
