21.
22,
contained in media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied
to Architect in the performance of its obligations under this contract must be retained by
Architect for a minimum of four years after final payment is made and all other pending
matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Architect shall promptly remit and
deliver the materials, at Architect's expense, to the City of Nashua. Architect shall not
use, willingly allow or cause to have such materials used for any purpose other than the
performance of Architect's obligations under this contract without the prior written
consent of the City of Nashua.
PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Architect expressly agrees that all
documents ever submitted, filed, or deposited with the City of Nashua by Architect
(including those remitted to the City of Nashua by Architect pursuant to paragraph 20),
unless designated as confidential by a specific statue of the State of New Hampshire,
shall be treated as public records and shall be available for inspection and copying by any
person, or any governmental entity.
No books, reports, studies, photographs, negatives or other documents, data, drawings or
other materials including but not limited to those contained in media of any sort (e.g.,
electronic, magnetic, digital) prepared by or supplied to Architect in the performance of
its obligations under this contract shall be the subject of any application for a copyright or
patent by or on behalf of Architect. The City of Nashua shall have the nght to reproduce
any such materials.
Architect expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice,
any claims, demands, suits, actions, judgments, or executions, for damages or any other
relief, in any administrative or judicial forum, against the City of Nashua or any of its
officers or employees, in either their official or individual capacity of the City of
Nashua, for violations of or infringement of the copyright or patent laws of the United
States or of any other nation. Architect agrees to indemnify, to defend, and to hold
harmless the City of Nashua, its representatives, and employees from any claim or action
seeking to impose liability, costs, and attorney fees incurred as a result of or in
connection with any claim, whether rightful or otherwise, that any material prepared by
or supplied to Architect infringes any copyright or that any equipment, material, or
process (or any part thereof) specified by Architect infringes any patent.
Architect shall have the right, in order to avoid such claims or actions, to substitute at its
expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or
to obtain the necessary licenses to use the infringing materials, concepts, products, or
processes, provided that such substituted or modified materials, concepts, products, or
processes shall meet all the requirements and be subject to all the terms and conditions of
this contract.
FINAL ACCEPTANCE Upon completion of all work under the contract, Architect shall
notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the
City of Nashua shall confirm to Architect in writing that the whole of the work was
completed on the date indicated in the notice or provide Architect with a written list of
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