10.
11.
if necessary, make an adjustment in the compensation paid to Independent Contractor such
that Independent Contractor receives total compensation in the same amount as it would
have received in the event of a termination-at-will.
C. GENERAL PROVISIONS FOR TERMINATION Upon termination of the contract, the City
of Nashua may take over the work and prosecute it to completion by agreement with
another party or otherwise. In the event Independent Contractor shall cease conducting
business, the City of Nashua shall have the right to solicit applications for employment
from any employee of the Independent Contractor assigned to the performance of the
contract.
Neither party shal! be considered in default of the performance of its obligations hereunder
to the extent that performance of such obligations is prevented or delayed by any cause,
existing or future, which is beyond the reasonable control of such party. Delays arising
from the actions or inactions of one or more of Independent Contractor's principals,
officers, employees, agents, subcontractors, consultants, vendors, or suppliers are
expressly recognized to be within Independent Contractor's control.
DISPUTE RESOLUTION The parties shall attempt to resolve any dispute related to this
contract as follows. Either party shal! provide to the other party, in writing and with full
documentation to verify and substantiate its decision, its stated position concerning the
dispute. No dispute shall be considered submitted and no dispute shall be valid under this
provision unless and until the submitting party has delivered the written statement of its
position and full documentation to the other party. The parties shall then attempt to resolve
the dispute through good faith efforts and negotiation between the City of Nashua
Representative and an Independent Contractor Representative. At all times, Independent
Contractor shall carry on the work under this contract and maintain and complete work in
accordance with the requirements of the contract or determination or direction of the City
of Nashua. If the parties are unabie to resolve their dispute as described above within 30
days, the parties may request that the dispute be submitted to the Board of Public Works
for resolution. Ifthe 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.
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 shall 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; *Covera st incl
all owned, non-owned and hired vehicles ; and
> Workers' Compensation Coverage in compliance with the State of New
Hampshire statutes, $ 100,000/$500,000/$ 100,000.
GC 6 of 13
