10.
11.
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.
NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation, or
adjustment of any kind shall be made to Independent Contractor for damages because of hindrances or
delays in the progress of the work from any cause, and Independent Contractor agrees to accept in full
satisfaction of such hindrances and delays any extension of time that the City of Nashua may provide.
INSURANCE Independent Contractor shail carry and maintain in effect during the performance of services
under this contract:
>» General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate;
>» $1,000,000 Combined Single Limit Automobile Liability; *Coverage must include all owned
non-owned and hired vehicles ;
> Professional Liability insurance in the amount of $1,000,000; and
> Workers’ Compensation Coverage in compliance with the State of New Hampshire statutes,
$100,000/$500,000/$100,000.
Independent Contractor shall maintain in effect at all times during the performance under this contract all
specified insurance coverage with insurers. None of the requirements as to types and limits to be
maintained by Independent Contractor are intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by Independent Contractor under this contract. The City of Nashua
shall not maintain any insurance on behalf of Independent Contractor. Subcontractors are subject to the
same insurance requirements as Independent Contractor and it shall be the Independent Contractor’s
responsibility to ensure compliance of this requirement.
Independent Contractor will provide the City of Nashua with certificates of insurance for coverage as
listed below and endorsements affecting coverage required by the contract. The City of Nashua requires
thirty days written notice of cancellation or material change in coverage. The certificates and
endorsements for each insurance policy must be signed by a person authorized by the insurer and who is
licensed by the State of New Hampshire. General Liability, Employers’ Liability and Auto Liability
policies must name the City of Nashua as an additional insured and reflect on the certificate of
insurance. Independent Contractor is responsible for filing updated certificates of insurance with the City
of Nashua's Risk Management Department during the life of the contract.
>» All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.
> If aggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage, Independent Contractor must maintain umbrella liability
insurance of at least $1,000,000. All aggregates must be fully disclosed on the required
certificate of insurance.
> — The specified insurance requirements do not relieve Independent Contractor of its responsibilities
or limit the amount of its liability to the City of Nashua or other persons, and Independent
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 City of
Nashua shall be called upon to contribute to a loss.
> Independent 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 Independent
Contractor or anyone employed, directed, or supervised by Independent Contractor.
12. INDEMNIFICATION Regardless of any coverage provided by any insurance, Independent Contractor agrees
to indemnify and hold harmless the City of Nashua, its agents, officials, employees and authorized
representatives and their employees from and against any and all suits, causes of action, legal or
