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Finance Committee

Finance Committee - Agenda - 6/7/2017 - P432

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Nashua Police Department: (603) 594-3500

Nashua Fire Department: (603) 594-3652
School Bus Garage: (603) 594-4300
Nashua Solid Waste Department (603) 589-3410
Nashua Building Department (603) 589-3080

17.08 Prohibited Interests

Finance Committee - Agenda - 6/7/2017 - P431

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17.02 Computation of Times

A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first
and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

17.03 Cumulative Remedies

Finance Committee - Agenda - 6/7/2017 - P430

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In the event of a termination for cause, CONTRACTOR shall receive all amounts due and not previously paid to
CONTRACTOR for work satisfactorily completed in accordance with the contract prior to the date of the notice, less
all previous payments. No amount shall be allowed or paid for anticipated profit on unperformed services or other
unperformed work. Any such payment may be adjusted to the extent of any additional costs occasioned to the
OWNER by reasons of CONTRACTOR's failure. CONTRACTOR shall not be relieved of liability to the OWNER for

Finance Committee - Agenda - 6/7/2017 - P429

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ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

15.01 Termination, Abandonment, or Suspension at Will

The OWNER, in its sole discretion, shall have the right to terminate, abandon, or suspend all or part of the project and
contract at will. If the OWNER chooses to terminate, abandon, or suspend all or part of the project, it shall provide
CONTRACTOR 10 day’s written notice of its intent to do so.

Finance Committee - Agenda - 6/7/2017 - P428

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inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR
may make application for final payment following the procedure for progress payments.

Finance Committee - Agenda - 6/7/2017 - P427

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to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering
such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days
after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons
therefore. If after consideration of OWNER's objections, ENGINEER considers the Work substantially complete,
ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of

Finance Committee - Agenda - 6/7/2017 - P426

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2. Beginning with the second Application for Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress payments received on account of the Work have been applied
on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment.

3. The amount of retainage with respect to progress payments will be stipulated in the Agreement.
C. Payment Becomes Due

Finance Committee - Agenda - 6/7/2017 - P425

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c. The conditions precedent to CONTRACTOR's being entitled to such payment appears to have been fulfilled
in so far as itis ENGINEER's responsibility to observe the Work.

Finance Committee - Agenda - 6/7/2017 - P424

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B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection
with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take
possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of
CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all
materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored

Finance Committee - Agenda - 6/7/2017 - P423

By dnadmin on Mon, 11/07/2022 - 10:24
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13.07 Correction Period

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