Notwithstanding any provisions of this Contract, Seller shall not be relieved of
liability to City for damages sustained by City by virtue of any breach of this Contract by
Seller, and City may withhold any payments due to Seller until such time as the exact
amount of damages, if any, due City from Seller is determined. In the event of termination,
Seller shall be compensated as provided for in this Contract.
14. Compliance with Laws & Federal Changes. Seller shall comply with all
applicable laws, ordinances, codes, rules, regulations, programs, plans, and orders in the
performance of the Contract Documents. Without limiting the foregoing, Seller shall
comply with all applicable FTA regulations, policies, procedures and directives, including
without limitation those listed directly or by reference in the Master Agreement between
the City and FTA, as they may be amended or promulgated from time to time during the
term of the contract. Seller's failure to comply shall constitute a material breach of the
contract.
15. Notice of Material Change in Business. Seller agrees that, if it experiences a
material change in its business during the term of this Contract, including, without
limitation, a reorganization, restructuring, leveraged buyout, and/or bankruptcy, Seller will
immediately notify City of the change in writing.
16. Notices. All notices, requests, demands, and other communications
required to or permitted to be given under the Contract Documents shall be in writing and
shall be conclusively deemed to have been duly given (a) when hand delivered to the other
party; (b) when received if sent by telex or facsimile at the address and number set forth
below; (c) three (3) business days after the same have been deposited in a United States
Post Office with certified mail, return receipt requested, postage prepaid and addressed to
the parties as set forth below; or (d) the next business day after same have been deposited
with a national overnight delivery service reasonably approved by the parties (Federal
Express and UPS being deemed approved by the parties), postage prepaid, addressed to the
parties as set forth below with next-business-day delivery guaranteed:
TO SELLER: Name: Creative Bus Sales.
Attn: Mike Shultz
Address: 57475 County Road 3
City: Elkhart, IN 46517
Telephone: 978-228-8410
TO CITY: Name: Nashua Transit System
Attn: Camille Pattison
Address: 11 Riverside Street
City: Nashua, NH 03062
Telephone: 603-821-2035
