20.
21.
contracting agency, the Board of Public Works, Corporation Counsel, and, if applicable, the
Comptroller General of the United States, or any authorized representative of those entities.
DISPOSITION OF CONTRACT MATERIALS Any 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 Independent
Contractor in the performance of its obligations under this contract shall be the exclusive
property of the City of Nashua and all such materials shall be remitted and delivered, at
Independent Contractor's expense, by Independent Contractor to the City of Nashua upon
completion, termination, or cancellation of this contract. Alternatively, if the City of Nashua
provides its written approval to Independent Contractor, any 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 Independent Contractor in the performance of its obligations under this
contract must be retained by Independent Contractor 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 Independent
Contractor shall promptly remit and deliver the materials, at Independent Contractor's
expense, to the City of Nashua. Independent Contractor shall not use, willingly allow or cause
to have such materials used for any purpose other than the performance of Independent
Contractor's obligations under this contract without the prior written consent of the City of
Nashua.
PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Independent Contractor expressly agrees that all
documents ever submitted, filed, or deposited with the City of Nashua by Independent
Contractor (including those remitted to the City of Nashua by Independent Contractor
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 Independent Contractor 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 Independent Contractor. The City of Nashua shall have
the right to reproduce any such materials.
Independent Contractor 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.
Independent Contractor 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 Independent
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