Finance Committee

ARTICLE 17 - 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

ARTICLE 18 — MISCELLANEOUS PROVISIONS

1.

2,

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

all or part of the project, it shall provide CONTRACTOR 10 day’s written notice of its intent to
do so. If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, CONTRACTOR shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.

b. Provide the OWNER with a list of all unperformed services.

date of Substantial Completion of the Work or designated portion thereof unless otherwise
provided in the Certificate of Substantial Completion.

11. Upon receipt of a final Application for Payment, the OWNER will mspect the Work.
When he finds the Work acceptable and the Contract fully performed, the OWNER will
promptly issue a final Certificate for Payment.

10.

. The Contract Sum stated in the Agreement, including authorized adjustments, is the total

amount, payable by the OWNER to the CONTRACTOR for performance of the Work
under the Contract Documents.

CONTRACTOR shall submit requests for payment for services performed under this
agreement in accordance with the milestone invoicing schedule defined under
ARTICLE 4 - CONTRACT SUM

13.

14.

15,

16.

The CONFRACTOR shall confine operations at the site to areas permitted by law,
ordinances, permits, the Contract Documents and the OWNER.

The CONTRACTOR shall be responsible for cutting, fitting or patching required
completing the Work or to make its parts fit together properly.

The CONTRACTOR shall keep the premises and surrounding area free from
accumulation of debris and trash related to the Work.

ARTICLE 8 —- CONTRACTOR

1. Execution of the Contract by the CONTRACTOR is a representation that the
CONTRACTOR has visited the site, become familiar with local conditions under which
the Work is to be performed and correlated personal observations with requirements of the
Contract Documents.

2. The CONTRACTOR shall carefully study and compare the Contract Documents with

each other and with information furnished by the OWNER. Before commencing activities,

the CONTRACTOR shall: (1) take field measurements and verify field conditions; (2)

General Terms and Conditions

ARTICLE 6-— GENERAL PROVISIONS

1,

The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.

The term “Work” means the construction and services required by the Contract Documents,
and include all other labor, materials, equipment and services provided by the
CONTRACTOR to fulfill the CONTRACTOR’s obligations.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.

> The specified insurance requirements do not relieve CONTRACTOR of its
responsibilities or limit the amount of its liability to the OWNER or other persons, and
CONTRACTOR is encouraged to purchase such additional insurance, as it deems
necessary.

» The insurance provided herein is primary, and no insurance held or owned by the OWNER
shall be called upon to contribute to 2 loss.

Unless CONTRACTOR has received a written exemption from the City of Nashua,
CONTRACTOR shall submit requests for payment for services performed under this agreement
in accordance with the following milestone invoicing schedule:

* $36,597 invoiced to OWNER upon execution of Contract;
* $36,597 invoiced to OWNER upon start date (all materials must be on site);
* $36,597 final payment due 15 days upon receipt by OWNER of FINAL Invoice

** See ARTICLE 11 -— PAYMENTS AND COMPLETION for submission instructions.**