Finance Committee

16.

17.

18.

19.

The insurance provided herein is primary, and no insurance held or owned by the City
of Nashua shall be called upon to contribute to a loss.

General Contractor is responsible for and required to remedy all damage or loss to any
property, including property of the City of Nashua, caused in whole or part by
Professional Engineer or anyone employed, directed, or supervised by Professional
Engineer.

12. INDEMNIFICATION Regardless of any coverage provided by any insurance, General Contractor

13.

10.

11.

as described above within 30 days, the parties may request that the dispute be submitted to the
Board of Public Works for resolution. If the parties are dissatisfied with the decision of the Board
of Public Works, the parties’ reserve the right to pursue any available legal and/or equitable
remedies for any breaches of this contract except as that right may be limited by the terms of this
contract.

3. Place no further orders or sub-contracts for materials, services, or facilities, other than
as may be necessary or required for completion of such portion of work under the
contract that is not terminated.

decision within 15 calendar days. The City of Nashua's decision on the matter is final. Any work
affected by a conflict, error, omission, or discrepancy which has been performed by General
Contractor prior to having received the City of Nashua’s resolution shall be at General
Contractor's risk and expense. At all times, General Contractor shall carry on the work under
this contract and maintain and complete work in accordance with the requirements of the contract

4. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by General
Contractor, and any other communication about the contract shall be addressed or be delivered to
the City of Nashua Representative.

General Terms and Conditions

DEFINITIONS Unless otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the
General Contractor's consultants, sub consultants, contractors, and subcontractors

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10.
11.
12,
13.
14.
15.
16.
17.
18.
19.
20.
21,
22.
23,
24.
25.
26.
27.
28.
29.
30.
31.

EXHiBiT A TABLE OF

CONTENTS GENERAL
CONDITIONS
DEFINITIONS
GENERAL CONTRACTOR STATUS
STANDARD OF CARE

CITY OF NASHUA REPRESENTATIVE
CHANGES TO SCOPE OF WORK
CITY OF NASHUA COOPERATION

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR
DISCREPANCIES

Any notice required or perniitted under this contract, ifsent by United States mail, shall be deemed to
be given to and received by the addressee thereof on the third business day after being deposited in the
mail. The City of Nashua or General Contractor may change the address or representative by giving
written notice to the other party.

IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed and intend to be
legally bound thereby.

(signature) (signature)

6 NOTICES. All notices, requests. or approvals required or permitted to be given under this contract
shall be in writing, shall be sent by hand delivery, overnight catrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

CITY OF NASHUA REPRESENTATIVE: REPRESENTATIVE:
Administrative Services Division, Buildings D.L.King & Associates
229 Main Street 27 Tanglewood Drive,

Nashua, NH 03060
ashua 3 Nashua, NH 03062

AG 3of3