10.
11.
C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City
of Nashua may take over the work and prosecute it to completion by agreement with
another party or otherwise. In the event Architect shall cease conducting business, the
City of Nashua shall have the right to solicit applications for employment from any
employee of the Architect assigned to the performance of the contract.
Neither party shall 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 Architect's principals,
officers, employees, agents, subcontractors, consultants, vendors, or suppliers are
expressly recognized to be within Architect'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 decision, 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 between the City of Nashua
Representative and a Architect Representative. At all times, Architect 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 City of Nashua. If the
parties are unable to resolve their dispute as described above within 30 days, if requested
in writing by either the City of Nashua or the Architect 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 Architect for damages because
of hindrances or delays in the progress of the work from any cause, and Architect agrees
to accept in full satisfaction of such hindrances and delays any extension of time that the
City of Nashua may provide.
INSURANCE Architect 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 aggregate;
> $1,000,000 Combined Single Limit Automobile Liability;
*Coverage must include all owned, non-owned and hired vehicles.
> $1,000,000 Profession Liability;
> and Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.
GC 6 of 12
