completing the work exceeds the remaining unpaid total revenue of the total compensation
provided under this Agreement, then the Contractor shall pay the City of Nashua the
amount of the reasonable excess.
(b) The remedies provided to the City of Nashua under section D, Early Termination
of Agreement and section F, Remedies for a breach by the Contractor shall not be
exclusive. The City of Nashua also shall be entitled to any other equitable and legal
remedies that are available.
(c) In the event of breach of this Agreement by the City of Nashua, then the Contract or' s
remedy shall be limited to termination of this Agreement and receipt of payment in
subsection D(c), Early Termination of Agreement and subsection E(b), Payment of
Early Termination hereof.
H. Subcontracts and Assignment
Contractor shall not subcontract, assign or transfer any of the work scheduled under
this Agreement, without the prior written consent of the City. Notwithstanding City
approval of a subcontractor, the Contractor shall remain obligated for full performance
hereunder, and the City shall incur no obligation other than its obligations to the
Contractor hereunder. The Contractor agrees that if subcontractors are employed in the
performance of this Agreement, the Contractor and its subcontractors are subject to
the requirements of the State of New Hampshire, Workers’ Compensation.
L Nondiscrimination
Contractor agrees to comply with all applicable requirements of federal and state civil
rights and rehabilitation statutes, rules and regulations. Contractor shall also comply
with the Americans with Disabilities Act of 1990 and all its regulations and
administrative rules established pursuant to those laws.
J. Successors in Interest
The provisions of this Agreement shall be binding upon and shall inure to the benefit of
the parties hereto, and their respective successors and approved assigns.
K. Severability
The parties agree that if any term or provision of this Agreement is declared by a court
of competent jurisdiction to be illegal or in conflict with any law, the validity of the
remaining terms and provisions shall not be affected, and the rights and obligations of
the parties shall be construed and enforced as if this Agreement did not contain the
particular term or provision held to be invalid.
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