9. General Provisions
9.1 Dispute Resolution
Disputes regarding changes in and interpretations of the terms or scope of the Contract and
denials of or failures to act upon claims for payment for extra work or materials shall be
resolved according to the following procedures:
1) All claims by ESCO shall be made in witing and submitted to the Customer fora
written decision.
2) ESCO shall not delay, suspend, or curtail performance under the Contractas
a result of any dispute subject to this section.
3) Within sixty (60) days of submission of the dispute to the Customer, the Customer
shall issue a written decision stating the reasons therefor, and shall notify the
parties of their right of appeal under this section. If the official of the Customer
is unable to issue a decision within sixty (60) days, he shall notify ESCO in
writing of the reasons and of the date by which the decision shallissue.
4) Failure to issue a decision within one hundred and twenty (120) day period or
within the additional period specified in such written notice shall give the
petitioner the right to pursue any legal remedies available to him without
further delay.
5) ESCO and Customer agree that all disputes relating to this Contract and
performance thereunder shall be resolved through courts in the State of
New Hampshire and any appellate court from which an appeal may be
taken therefrom. To the fullest extent permitted by law, the parties
irrevocably and unconditionally submit to the exclusive jurisdiction of said
court.
9.2 Conditions Beyond Control of the Parties
Except as otherwise provided herein, if either party shall be unable to carry out any material
obligation under this Contract due to events beyondits control, such as acts of God,
governmental or judicial action, insurrections, riots, extended labor disputes, fires,
explosions or floods, this Contract shall remain in effect but the affected party’s obligations
shall be suspended until the uncontrollable event terminates or is resolved, unless the
Contract is terminated by either party following a ninety (90) day delay, in which event,
Customer shall pay ESCO for all parts of the Work furnished to the date of termination or as
otherwise agreed.
9.3 Labor Laws
ESCO shall obey and abide by all laws and regulations of the State of New Hampshire
relating to the employment of labor and public work, including, without limitation, the
State’s drug-free workplace policy (ESCO shall deliver to Customer a certificate of
compliance with such policy).
ESCO shall comply with all federal and state laws, rules and regulations promoting fair
28 ESCO Contract — Nashua Schools & EEI, Inc.
