27,
28.
29,
30.
31.
the City of Nashua any profits realized under this contract, and Independent Contractor
shail 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.
22.
23.
24.
25.
26.
products, or processes shall meet all the requirements and be subject to all the terms and
conditions of this contract.
17,
18.
19,
20.
Relating to Public Contracts” Section 60 “Office of Federal Contract Compliance
Programs, Equal Employment, Department of Labor” which, by this reference, is
incorporated in this contract,
13.
14.
15.
16.
to liability caused by the sole negligence or wiltful misconduct of the party indemnified or
held harmless.
FISCAL CONTINGENCY All payments under this contract are contingent upon the
availability to the City of Nashua of the necessary funds. This contract shall terminate and
the City of Nashua's obligations under it shall be extinguished at the end of any fiscal year
in which the City of Nashua fails to appropriate monies for the ensuing fiscal year sufficient
for the performance of this contract.
Independent Contractor shall maintain in effect at all times during the performance
under this contract all specified insurance coverage with insurers. None of the
requirements as to types and limits to be maintained by Independent Contractor are
intended to and shall not in any manner limit or qualify the liabilities and obligations
assumed by Independent Contractor under this contract. The City of Nashua shall not
maintain any insurance on behalf of Independent Contractor. Subcontractors are subject
10.
11.
if necessary, make an adjustment in the compensation paid to Independent Contractor such
that Independent Contractor receives total compensation in the same amount as it would
have received in the event of a termination-at-will.
In the event of a termination, abandonment, or suspension at will, Independent Contractor
shall receive all amounts due and not previously paid to Independent Contractor for work
satisfactorily completed in accordance with the contract prior to the date of the notice and
compensation for work thereafter completed as specified in the notice. No amount shall be
allowed or paid for anticipated profit on unperformed services or other unperformed work.
in a timely manner, The City of Nashua and Independent Contractor also agree to attend
all meetings called by the City of Nashua or Independent Contractor to discuss the work
under the Contract, and that Independent Contractor may elect to conduct and record such
meetings and shall later distribute prepared minutes of the meeting to the City of Nashua.
personnel shall not be taken off of the project by Independent Contractor without the prior
written approval of the City of Nashua, except in the event of termination of employment.
Independent Contractor shall, if requested to do so by the City of Nashua, remove from the
job any personnel whom the City of Nashua determines to be incompetent, dishonest, or
uncooperative.
