F4: Caption
The caption headings of each paragraph hereof are intended for ease of reference only and do not
constitute part of this Agreement. Likewise, the captions shall not be deemed to indicate the
intentions of the parties hereto.
12. Waiver
The failure to enforce at any time any of the provisions of this Agreement and to require at any time
performance of any party of any of the provision hereof shall in no way be construed to be a waiver
of such provisions or to affect either the validity of this Agreement, or any part hereof, or the right of
each party thereafter to enforce each and every provision in accordance with the terms of this
Agreement.
13. Governing Law
This Agreement shall be governed exclusively by the laws of the State of New Hampshire and any claim
or action brought relating to this Agreement, the work performed or contracted to be performed
thereunder, or referable in anyway thereto shall be brought in Hillsborough County (New Hampshire)
Superior Court Southern Judicial District or in the New Hampshire 9th Circuit Couri—Nashua and not
elsewhere.
14. Resolution of Disputes. Breaches and other Litigation
The parties shall negotiate in good faith in an attempt to resolve any dispute that may arise under
this Agreement. Disputes that cannot be resolved by negotiation may be submitted to mediation
using a mutually agreed upon mediator. in the absence of an agreement on a mediator, each party
shall select a temporary mediator and those mediators shall jointly select the permanent mediator. If
mediation is not successful, the parties may pursue their remedies as they choose pursuant to this
Agreement. Nothing in this Agreement shall be deemed to prevent the parties from agreeing in the
future to submit a dispute to arbitration.
Performance During Dispute - Unless otherwise directed by CITY, CONTRACTOR shall continue
performance under this Agreement while matters in dispute are being resolved.
Claims for Damages - Should either party to the Agreement suffer injury or damage to person or
property because of any act or omission of the other party or of any of his or her employees, agents
or others for whose acts he or she is legally liable, a claim for damages therefore shall be made in
writing to such other party within a reasonable time after the first observance of such injury of
damage.
Rights and Remedies - The duties and obligations imposed by the Agreement and the rights and
remedies available there under shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law. No action or failure to act by CITY or the
CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under the
Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in
any breach there under, except as may be specifically agreed in writing.
15. Cargo Preference
Contracts involving equipment, materials or commodities which may be transported by ocean vessels.
These requirements do not apply to micro-purchases ($3,500 or less, except for construction contracts
over $2,000). Contractor shall: a. use privately owned US-Flag commercial vessels to ship at least 50% of
