24.
25.
26,
27,
28.
29.
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 Independent Contractor 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. Independent
Contractor 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
Independent Contractor. If any such interest comes to the attention of Independent Contractor at any time,
a full and complete disclosure of the interest shall be immediately made in writing to the City of Nashua.
Independent Contractor 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. 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 Hable 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 {n 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
