28.
29.
30.
31.
32.
33.
THIRD PARTY INTERESTS AND LIABILITIES. The City and 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 and 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 and Contractor. The parties shall not be bound by or be liable for any statement,
representation, promise, inducement, or understanding of any kind or nature not set forth in this
contract. No changes, amendments, or modifications of any terms or conditions of the contract shall
be valid unless reduced to writing and signed by both parties.
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.
UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS. This Contract is funded by federal dollars and subject to 2 CFR Part 200. At a minimum,
the following Contract Provisions of 2 CFR 200.326 (Appendix II) apply:
=" Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (83 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
=" Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp.,
p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549. [The Contractor must register
with SAM.gov prior to executing this Contract];
=" Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
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