that it will not acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of services required to be performed under this contract.
Service Provider further warrants that no person having such an interest shall be employed
in the performance of this contract. If City of Nashua determines that a conflict exists and
was not disclosed to the City of Nashua, it may terminate the contract at will or for cause in
accordance with paragraph 8.
In the event Service Provider (or any of its officers, partners, principals, or employees acting
with its authority) is convicted of a crime involving a public official arising out or in
connection with the procurement of work to be done or payments to be made under this
contract, City of Nashua may terminate the contract at will or for cause in accordance with
paragraph 8. Upon termination, Service Provider shall refund to the City of Nashua any
profits realized under this contract, and Service Provider shall be liable to the City of Nashua
for any costs incurred by the City of Nashua in completing the work described in this
contract. At the discretion of the City of Nashua, these sanctions shall also be applicable to
any such conviction obtained after the expiration or completion of the contract.
Service Provider warrants that no gratuities (including, but not limited to, entertainment or
gifts) were offered or given by Service Provider to any officer or employee of the City of
Nashua with a view toward securing a contract or securing favorable treatment with respect
to the awarding or amending or making of any determinations with respect to the
performance of this contract. If City of Nashua determines that such gratuities were or
offered or given, it may terminate the contract at will or for cause in accordance with
paragraph 8.
The rights and remedies of this section shall in no way be considered for be construed as a
waiver of any other rights or remedies available to the City of Nashua under this contract or
at law.
Y. Third Party Interests and Liabilities
The City of Nashua 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 of Nashua and Service Provider.
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