31. Choice of Law and Venue. 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.
GC 13 of 13
In the event Professional Engineer (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 of Nashua may terminate the contract at will or for cause in accordance with
paragraph 8. Upon termination, Professional Engineer shall refund to the City of Nashua any
profits realized under this contract, and Professional Engineer shall be liable to the City of
17.
18.
19.
Without limitation of the foregoing, Professional Engineer's attention is directed to “Title
41” Public Contracts and Property Management” C.F.R. Subtitle B “Other Provisions 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.
Engineer or of anyone acting under its direction or control or on its behalf in connection
with or incidental to the performance of this contract. Professional Engineer’s indemnity
and hold harmless obligations, or portions thereof, shall not apply to liability caused by the
sole negligence or willful misconduct of the party indemnified or held harmless.
> and Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $100,000/$500,000/$100,000.
10.
11.
Nashua, to complete or make sufficient progress on the work in a timely and professional
manner, it is determined that Professional Engineer had not so failed, the termination shall
be deemed to have been a termination at will. In that event, the City of Nashua shall, if
necessary, make an adjustment in the compensation paid to Professional Engineer such that
Professional Engineer 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, Professional Engineer
shall receive all amounts due and not previously paid to Professional Engineer 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.
require action by the Board of Public Works and Finance Committee in a timely manner.
The City of Nashua and Professional Engineer also agree to attend all meetings called by the
City of Nashua or Professional Engineer to discuss the work under the Contract, and that
Professional Engineer may elect to conduct and record such meetings and shall later
distribute prepared minutes of the meeting to the City of Nashua.
