Finance Committee

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

In the event of a termination, abandonment, or suspension at will, Seiier shall
receive all amounts due and not previously paid to Seller for work satisfactorily completed
in accordance with the Contract Documents 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.

TERMINATION FOR CAUSE

6. Delivery of Goods. Unless otherwise specified in writing by the City, Seller
shall deliver the Vans to City at City's offices located at 11 Riverside Street Nashua, New
Hampshire with shipping and insurance charges included in the price. Shipments shall be
accepted Monday through Friday, 8:00 AM to 4:00 PM, excluding holidays. Contractor is
required to notify the City’s purchasing agent in advance if delivery cannot be made
during these hours.

3. Term of Contract. This Contract shall be effective as of the Effective Date
executed and shall terminate five (5) years from the Effective Date or after all three
optional Vans have been purchased and delivered, whichever is later, unless earlier
terminated or extended as provided for herein. Provided, however, that in no event shall the
term of this Contract be for longer than 5 years.

Contract

CITY OF NASHUA CONTRACT FOR
THE SALE OF GOODS

This Contract for the Sale of Goods ("Contract") is made and entered into as of the
__ day of 2017 ("Effective Date") by and between the City of Nashua, a
municipal corporation ("City" or "Buyer"), and DATTCO, a Champion ("Seller") and
hereby acknowledges the Request for Proposal # 0152-031417 (“RFP”). This Contract, the
RFP and the Seller’s accepted proposal are collectively referred to as the "Contract
Documents."