Waiver of Subrogation The referenced policies and any Excess or Umbrella
policies shall contain a waiver of subrogation in favor of the City of Nashua and
its officers, directors, employees, volunteers and agents while acting in such
capacity, and their successors and _ assignees, as they now, or as they may
hereafter be constituted , singly, jointly or severally.
b. Such insurance shall include the following endorsements as further
detailed in the Endorsements Section below:
Additional Insured.
Cross Liability or Severability of Interests Clause.
Primary and Non-Contributory wording.
Waiver of Subrogation.
Product Liability for products and completed operations coverage of at least
$10 million for a period of five (5) years after acceptance of the last bus
delivered under this contract.
Exhibit A
Low Floor Cutaway Vans - Final Costs
DATTCO cost per Van
Multi-Media System and
Monitor
Total Cost per Van
$124,897
$1,568
$126,465
Cost of 6 Vans
$758,790
33. Correction of Work. The Seller shall promptly correct work rejected by the
City as failing to conform to the requirements of the Contract Documents. The Seller shall
bear the cost of correcting such rejected work. In addition to the Seller’s other obligations
including warranties under the Contract, the Seller shall, for a period of one year after final
acceptance, correct work not conforming to the requirements of the Contract Documents.
If the Seller fails to correct nonconforming work within a reasonable time, the City may
30. No Joint Venture or Other Relationship Created. The relationship
between City and Seller is that solely of a seller and a buyer and no joint venture,
partnership or other relationship is created or implied by the Contract Documents.
waiving party. An extension of time for performance of any obligation or act shall not be
deemed an extension of the time for performance of any other obligation or act.
TO SELLER: Name: DATTCO
Attn: Judy Walcott
Address: 583 South Street
City: New Britain, CT 06051
Telephone: 617-312-6088
TO CITY: Name: Nashua Transit System
Attn: Camille Pattison
Address: 11 Riverside Street
City: Nashua, NH 03062
Telephone: 603-821-2035
A party may change or supplement the addresses given above, or designate
additional addresses, for purposes of this section by giving the other parties written notice
of the new address in the manner set forth above.
13. Remedies. In the event of a material breach of the Contract Documents by
Seller, City may avail itself of any other right and remedies available at law or in equity.
Nothing herein shall limit City's rights to seek any available remedy including, but not
limited to, damages and/or equitable relief, in a court of competent jurisdiction.
paid to Seller such that Seller receives total compensation in the same amount as it would
have received in the event of a termination-at-will.
GENERAL PROVISIONS FOR TERMINATION
