27.
28.
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or indirect, which would conflict in any manner or degree with the performance of services
required to be performed under this contract. Independent Contractor 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 Independent Contractor (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, Independent Contractor shall refund to the City of Nashua any
profits realized under this contract, and Independent Contractor 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.
Independent Contractor warrants that no gratuities (including, but not limited to,
entertainment or gifts) were offered or given by Independent Contractor 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 awarding or amending or making of any determinations with
respect to the performance of this contract. If City of Nashua determines that such gratuities
were or offered or given, it may terminate the contract at will or for cause in accordance with
paragraph 8.
The rights and remedies of this section shall in no way be considered for be construed as a
waiver of any other rights or remedies available to the City of Nashua under this contract or at
law.
THIRD PARTY INTERESTS AND LIABILITIES The City of Nashua and Independent Contractor, including
any of their respective agents or employees, shall not be liable to third parties for any act or
omission of the other party. This contract is not intended to create any rights, powers, or
interest in any third party and this agreement is entered into for the exclusive benefit of the
City of Nashua and Independent Contractor.
SURVIVAL OF RIGHTS AND OBLIGATIONS The rights and obligations of the parties that by their nature
survive termination or completion of this contract shall remain in full force and effect.
SEVERABILITY In the event that any provision of this contract is rendered invalid or unenforceable
by any valid act of Congress or of the New Hampshire legislature or any court of competent
jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity or
unenforceability of any particular provision of this contract shall not affect any other provision,
the contract shall be construed as if such invalid or unenforceable provisions were omitted,
and the parties may renegotiate the invalid or unenforceable provisions for sole purpose of
rectifying the invalidity or unenforceability.
MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT This contract constitutes the entire contract
between the City of Nashua and Independent Contractor. The parties shall not be bound by
or be liable for any statement, representation, promise, inducement, or understanding of any
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