with access to City of Nashua records in a reasonable time and manner and to schedule
items that require action by the Board of Public Works and Finance Committee in a timely
manner. The City of Nashua and Independent Contractor also agree to attend all meetings
called by the City of Nashua or Independent Contractor to discuss the work under the
Contract, and that Independent Contractor may elect to conduct and record such meetings
and shall later distribute prepared minutes of the meeting to the City of Nashua.
DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES Independent
Contractor warrants that it has examined all contract documents, has brought all conflicts,
errors, discrepancies, and ambiguities to the attention of the City of Nashua in writing, and
has concluded that the City of Nashua's resolution of each matter is satisfactory to
Independent Contractor. All future questions Independent Contractor may have
concerning interpretation or clarification of this contract shall be submitted in writing to
the City of Nashua within 10 calendar days of their arising. The writing shall state clearly
and in full detail the basis for Independent Contractor's question or position. The City of
Nashua representative shall render a decision within 15 calendar days. The City of Nashua's
decision on the matter is final. Any work affected by a conflict, error, omission, or
discrepancy which has been performed by Independent Contractor prior to having
received the City of Nashua's resolution shall be at Independent Contractor's risk and
expense. At all times, Independent Contractor shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or
determination of the City of Nashua. Independent Contractor is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its
failure to do so.
TERMINATION OF CONTRACT
A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL The City of Nashua, in its sole discretion,
shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the City of Nashua chooses to terminate, abandon, or suspend all or part
of the project, it shall provide Independent Contractor 10 days’ written notice of its intent
to do so.
lf all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Independent
Contractor shall:
1. Immediately discontinue work on the date and to the extent specified in the
notice.
2. Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.
3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under
the notice, assign to the City of Nashua any orders or subcontracts specified in
the notice, and revoke agreements specified in the notice.
GC 4 of 13
