contract and maintain and complete work in accordance with the requirements of the contract or
determination of the City of Nashua. Independent Contractor 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
A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its sole discretion,
shail have the right to terminate, abandon, or suspend ail or part of the project and contract at will. If the
City of Nashua chooses to terminate, abandon, or suspend all or part of the project, it shall provide
Independent Contractor 10 days’ 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 part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at wiil, Independent Contractor shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Place no further orders or subcontracts 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.
3. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the
City of Nashua of all orders or subcontracts to the extent they relate to the performance of work
terminated, abandoned, or suspended under the notice, assign to the City of Nashua any orders
or subcontracts specified in the notice, and revoke agreements specified in the notice.
4. Not resume work after the effective date of a notice of suspension until receipt of a written
notice from the City of Nashua to resume performance.
In the event of a termination, abandonment, or suspension at will, Independent Contractor shall receive all
amounts due and not previously paid to Independent 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.
B. TERMINATION FOR CAUSE This agreement may be terminated by the City of Nashua on 10 calendar
day’s written notice to Independent Contractor in the event of a failure by Independent Contractor to adhere
to any or all the terms and conditions of the contract or for failure to satisfactorily, in the sole opinion of
the City of Nashua, to complete or make sufficient progress on the work in a timely and professional
manner. Independent Contractor shall be given an opportunity for consultation with the City of Nashua
prior to the effective date of the termination. Independent Contractor may terminate the contract on 10
calendar days written notice if, through no fault of Independent Contractor, the City of Nashua fails to pay
Independent Contractor for 45 days after the date of approval by the City of Nashua of any Application for
Payment.
Upon receipt of notice of termination for cause, Independent Contractor shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Provide the City of Nashua with a iist of all unperformed services.
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.
4. Immediately make every reasonable effort to obtain cancellation upon terms satisfactory to the
City of Nashua of all orders or sub contracts to the extent they relate to the performance of work
