performance of the contract. Neither party shall be considered in default of the performance of such
obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable
control of such party. Delays arising from the actions or inactions of one or more of
CONTRACTOR 's principals, officers, employees, agents, subcontractors, sub consultants,
vendors, or suppliers are expressly recognized to be within CONTRACTOR's control.
ARTICLE 17 — DISPUTE RESOLUTION
The parties shall attempt to resolve any dispute related to this contract as follows. Either party shall
provide to the other party, in writing and with full documentation to verify and substantiate its
decision, its stated position concerning the dispute. No dispute shall be considered submitted and
no dispute shall be valid under this provision unless and until the submitting party has delivered the
written statement of its position and full documentation to the other party. The parties shall then
attempt to resolve the dispute through good faith efforts and negotiation between the OWNER
Representative and the CONTRACTOR Representative. At all times, CONTRACTOR shall carry
on the work under this contract and maintain and complete work in accordance with the requirements
of the contract or determination or direction of the OWNER. If the parties are unable to resolve their
dispute as described above within 30 days, the parties may request that the dispute be submitted to
the Board of Public Works for resolution. If the parties are dissatisfied with the decision of the
Board of Public Works, the parties’ reserve the right to pursue any available legal and/or equitable
remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.
ARTICLE 18 — CHOICE OF LAW AND VENUE
This contract 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
ARTICLE 19 —- MISCELLANEOUS PROVISIONS
1. Neither party to the Contract shall assign the Contract as a whole without written consent of
the other.
2. Tests, inspections and approvals of portions of the Work required by the Contract Documents
or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction
shall be made at an appropriate time.
If additional testing is required, the CONTRACTOR shall perform these tests.
4. The OWNER shall pay for tests except for testing Work found to be defective for which the
CONTRACTOR shall pay.
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