Finance Committee

DESMAN

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Engineering, Planwing,
Landscape Architecture
and Esrvironmental Science

oN) MILONE & MACBROOM

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from any liability on account of any and all such taxes, levies, duties, assessments, and
deductions.

NON-WAIVER OF TERMS AND CONDITIONS None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or flture
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City of Nashua in a written waiver.

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retention period, the City of Nashua, in writing, requests any or all of the materials, then Service
Provider shall promptly remit and deliver the materials, at Service Provider's expense, ta the City
of Nashua. Service Provider shail not use, willingly allow or cause to have such materials used
for any purpose other than the performance of Service Provider's obligations under this contract
without the prior written consent of the City of Nashua.

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Contracts” Section 60 “Office of Federal Contract Compliance Programs, Equal Employment,
Department of Labor” which, by this reference, is incorporated in this contract.

Service Provider agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub
consultants to participate to the extent possible, consistent with their qualification, quality of
work, and obligation of Service Provider under this contract.

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occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault
or willful misconduct, whether active or passive, of Service Provider or of anyone acting under its
direction or control or on its behalf in connection with or incidental to the performance of this
contract. Service Provider'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.

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satisfaction of such hindrances and delays any extension of time that the City of Nashua may
provide.

INSURANCE Service Provider shall carry and maintain in effect during the performance of
services under this contract:

10.

assign to the City of Nashua any orders or sub contracts specified in the notice, and
revoke agreements specified in the notice,

5. Not resume work after the effective date of a notice of termination unless and until
receipt of a written notice from the City of Nashua to resume performance.

accordance with the requirements of the contract or determination of the City of Nashua. Service
Provider is responsible for requesting clarification or interpretation and is solely liable for any
cost or expense arising from its failure to do so.

TERMINATION OF CONTRACT

Provider, and any other communication about the contract shall be addressed or be delivered to
the City of Nashua Representative.