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Finance Committee - Agenda - 2/1/2017 - P146

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DIVISION 7
GENERAL CONDITIONS

Finance Committee - Agenda - 2/1/2017 - P145

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and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or
part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.

9.05 Choice of Law and Venue

Finance Committee - Agenda - 2/1/2017 - P144

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8. Certificate of Insurance;

9. Technical Specifications as listed in Table of Contents;

10. 2017 Lanfill Gas System Expansion Plans and Drawings — issued October 2016;
11. Addenda (numbers to ___, inclusive);

12. Exhibits, as listed in the Table of Contents, to this Agreement;

13. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:

a. Written Amendments
b. Change Order(s)

14. Fully Executed City of Nashua Purchase Order

Finance Committee - Agenda - 2/1/2017 - P143

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CONTRACTOR is entitled to rely upon the general accuracy of the “technical data” as provided in paragraph 4.2 of the
General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and
may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER
do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the
Contract Documents with respect to Underground Facilities at or contiguous to the site.

Finance Committee - Agenda - 2/1/2017 - P142

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6.02 Progress Payments; Retainage

Finance Committee - Agenda - 2/1/2017 - P141

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any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the
delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER
FIVE HUNDRED dollars ($500) for each calendar day that expires after the time specified in paragraph 4.02 for

Finance Committee - Agenda - 2/1/2017 - P140

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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT is dated as of the day of in the year 2016 by and between the
City of Nashua, New Hampshire (hereinafter called OWNER) and
and its successors, transferees and assignees together hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK

1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
ARTICLE 2 - THE PROJECT

Finance Committee - Agenda - 2/1/2017 - P139

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DIVISION 6
AGREEMENT

Finance Committee - Agenda - 2/1/2017 - P138

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IN WITNESS WHEREOF, this instrument is executed

in

which shall be deemed an original,
this

ATTEST:

By:

(Principal) Secretary

(SEAL)

By:

Witness as to Principal

(Address)

ATTEST:

By

Witness as to Surety

(Address)

counterparts, each one of
(number)

day of , 20

Principal
BY
(Address)
(Surety)
BY

Attorney - in - Fact

(Address)

Finance Committee - Agenda - 2/1/2017 - P137

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PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and
persons, firms, and corporations having a direct contract with the PRINCIPAL or its
SUBCONTRACTORS.

Pagination

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