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Finance Committee

Finance Committee - Agenda - 6/7/2017 - P192

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SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract and other provisions of the Contract Documents as indicated below. All
provisions which are not so amended or supplemented remain in full force and effect.

ARTICLE 2 — PRELIMINARY MATTERS

SC-2.06B Subcontractor’s Pre-Construction Meetings

Finance Committee - Agenda - 6/7/2017 - P191

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DIVISION 7

SUPPLEMENTARY CONDITIONS

Finance Committee - Agenda - 6/7/2017 - P190

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B. In the event Contractor (or any of its officers, partners, principals, or employees acting with its authority) is
convicted of a crime involving a public official arising out or in connection with the procurement of work to be
done or payments to be made under this contract, City may terminate the contract at will or for cause in
accordance with paragraph 9. Upon termination, Contractor shall refund to the City any profits realized under this
contract, and Contractor shall be liable to the City for any costs incurred by the City in completing the work

Finance Committee - Agenda - 6/7/2017 - P189

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17.05 Controlling Law

A. This contract shall be governed exclusively by the laws of the State of New Hampshire and any claim or
action brought relating to this contract, the work performed or contracted to be performed thereunder, or
referable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior Court Southern
Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere

17.06 Access to Records

Finance Committee - Agenda - 6/7/2017 - P188

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Neither party shall be considered in default of the performance of its obligations hereunder to the extent that
performance of such obligations is prevented or delayed by any cause, existing or future, which is beyond the
reasonable control of such party. Delays arising from the actions or inactions of one or more of
CONTRACTOR's principals, officers, employees, agents, subcontractors, consultants, vendors, or suppliers are
expressly recognized to be within CONTRACTOR's control.

ARTICLE 16 - DISPUTE RESOLUTION

16.01 Methods and Procedures

Finance Committee - Agenda - 6/7/2017 - P187

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In the event of a termination, abandonment, or suspension at will, 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 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.

15.02 Termination for Cause

Finance Committee - Agenda - 6/7/2017 - P186

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C. Payment Becomes Due

1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying
documentation, the amount recommended by ENGINEER will become due and, when due, will be paid by
OWNER to CONTRACTOR.

14.08 Final Completion Delayed

Finance Committee - Agenda - 6/7/2017 - P185

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substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of
Substantial Completion of that part of the Work and the division of responsibility in respect thereof and
access thereto.

2. No occupancy or separate operation of part of the Work may occur prior to compliance with the
requirements of paragraph 5.10 regarding property insurance.

14.06 Final Inspection

Finance Committee - Agenda - 6/7/2017 - P184

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14.03 CONTRACTOR’S Warranty of Title

A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.

14.04 Substantial Completion

Finance Committee - Agenda - 6/7/2017 - P183

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the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.

Pagination

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