13.
14.
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administrative proceedings, arbitrations, claims, demands, damages, liabilities, interest, attorney’s fees,
costs and expenses of any kind or nature in any manner caused, 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 Independent Contractor or of anyone acting under its direction or control or on its behalf in connection
with or incidental to the performance of this contract. Independent Contractor’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.
FISCAL CONTINGENCY All! payments under this contract are contingent upon the availability to the City of
Nashua of the necessary funds. This contract shall terminate and the City of Nashua's obligations under it
shall be extinguished at the end of any fiscal year in which the City of Nashua fails to appropriate monies
for the ensuing fiscal year sufficient for the performance of this contract.
Nothing in this contract shall be construed to provide Independent Contractor with a right of payment over
any other entity. Any funds obligated by the City of Nashua under this contract that are not paid to
Independent Contractor shall automatically revert to the City of Nashua’s discretionary control upon the
completion, termination, or cancellation of the agreement. The City of Nashua shall not have any obligation
to re-award or to provide, in any manner, the unexpended funds to Independent Contractor. Independent
Contractor shall have no claim of any sort to the unexpended funds.
COMPENSATION Review by the City of Nashua of Independent Contractor's submitted invoice forms for
payment will be promptly accomplished by the City of Nashua. If there is insufficient information, the City
of Nashua may require Independent Contractor to submit additional information. Unless the City of
Nashua, in its sole discretion, decides otherwise, the City of Nashua shall pay Independent Contractor in
full within 30 days of approval of the submitted invoice forms.
COMPLIANCE WITH APPLICABLE LAWS Independent Contractor, at all times, shall fully and completely
comply with all applicable local, state and federal laws, statutes, regulations, ordinances, orders, or
requirements of any sort in carrying out the obligations of this contract, including, but not limited to, all
federal, state, and local accounting procedures and requirements, all immigration and naturalization laws,
and the Americans With Disabilities Act. Independent Contractor shail, throughout the period services are
to be performed under this contract, monitor for any changes to the applicable laws, statutes, regulations,
ordinances, orders, or requirements, shall promptly notify the City of Nashua in writing of any changes to
the same relating to or affecting this contract, and shali submit detailed documentation of any effect of the
change in terms of both time and cost of performing the contract.
NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation, order, or
other requirement, Independent Contractor agrees to the following terms. Independent Contractor will not
discriminate against any employee or applicant for employment because of physical or mental handicap in
regard to any position for which the employee or applicant for employment is qualified. Independent
Contractor agrees to take affirmative action to employ, advance in employment, or to otherwise treat
qualified, handicapped individuals without discrimination based upon physical or mental handicap in all
employment practices, including but not limited to the following: employment, upgrading, demotion,
transfer, recruitment, advertising, layoff, termination, rates of pay, or other forms of compensation and
selection for training, including apprenticeship.
Without limitation of the foregoing, Independent Contractor's attention is directed to Title 41”Public
Contracts and Property Management” C.F.R. Subtitle B “Other Provisions Relating to Public Contracts”
Section 60 “Office of Federal Contract Compliance Programs, Equal Employment, Department of Labor”
which, by this reference, is incorporated in this contract.
