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work not completed. With respect to work listed by the City of Nashua as incomplete,
Architect shall promptly complete the work and the final acceptance procedure shall be
repeated. The date of final acceptance of a project by the City of Nashua shall be the date
upon which the Board of Public Works or other designated official accepts and approves
the notice of completion.
TAXES Architect shall pay all taxes, levies, duties, and assessments of every nature due
in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all
taxes imposed by law. Architect hereby indemnifies and holds harmless the City of
Nashua from any liability on account of any and all such taxes, levies, duties,
assessments, and deductions.
NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this
contract shall be considered waived by the City of Nashua. There shall be no waiver of
any past or future default, breach, or modification of any of the terms and conditions of
the contract unless expressly stipulated to by the City of Nashua in a written waiver.
RIGHTS AND REMEDIES The duties and obligations imposed by the contract and the
rights and remedies available under the contract shall be in addition to and not a
limitation of any duties, obligations, rights, and remedies otherwise imposed or available
by law.
PROHIBITED INTERESTS Architect shall not allow any officer or employee of the City of
Nashua to have any indirect or direct interest in this contract or the proceeds of this
contract. Architect warrants that no officer or employee of the City of Nashua has any
direct or indirect interest, whether contractual, noncontractual, financial or otherwise, in
this contract or in the business of Architect. If any such interest comes to the attention of
Architect at any time, a full and complete disclosure of the interest shall be immediately
made in writing to the City of Nashua. Architect also warrants that it presently has no
interest and that it will not acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of services required to be performed under
this contract. Architect further warrants that no person having such an interest shall be
employed in the performance of this contract. If City of Nashua determines that a
conflict exists and was not disclosed to the City of Nashua, it may terminate the contract
at will or for cause in accordance with paragraph 8.
In the event Architect (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in
connection with the procurement of work to be done or payments to be made under this
contract, City of Nashua may terminate the contract at will or for cause in accordance
with paragraph 8. Upon termination, Architect shall refund to the City of Nashua any
profits realized under this contract, and Architect shall be liable to the City of Nashua for
any costs incurred by the City of Nashua in completing the work described in this
contract. At the discretion of the City of Nashua, these sanctions shall also be applicable
to any such conviction obtained after the expiration or completion of the contract.
Architect warrants that no gratuities (including, but not limited to, entertainment or gifts)
were offered or given by Architect to any officer or employee of the City of Nashua with
a view toward securing a contract or securing favorable treatment with respect to the
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