d. City of Nashua, Standard Specifications for Road Construction, Approved and Adopted
June 11, 1986, incorporated by reference;
e. City of Nashua, Standard Specifications for Sidewalk Construction, Approved and
Adopted August 28, 1995, incorporated by reference; and
f. City of Nashua Ordinance O-03-219 (Amended), Approved November 14, 2003.
ARTICLE 9 - MISCELLANEOUS
9.01 Terms
A. Terms used in this will have the meanings indicated in the General Conditions.
9.02. Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding
on another party hereto without the written consent of the party sought to be bound; and, specifically but
without limitation, moneys that may become due and moneys that are due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
9.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect
to all covenants, agreements, and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law
or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.05 Choice of Law and Venue
A. This agreement shall be governed exclusively by the laws of the State of New Hampshire and any
claim or action brought relating to this contract, 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 Court—Nashua and not elsewhere
AG -6 of7
