Agenda

In the event of a termination, abandonment, or suspension at will, CONTRACTOR shall receive all amounts due
and not previously paid to 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.

15.02 Termination for Cause

C. Payment Becomes Due

1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying
documentation, the amount recommended by ENGINEER will become due and, when due, will be paid by
OWNER to CONTRACTOR.

14.08 Final Completion Delayed

substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of
Substantial Completion of that part of the Work and the division of responsibility in respect thereof and
access thereto.

2. No occupancy or separate operation of part of the Work may occur prior to compliance with the
requirements of paragraph 5.10 regarding property insurance.

14.06 Final Inspection

14.03 CONTRACTOR’S Warranty of Title

A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time
of payment free and clear of all Liens.

14.04 Substantial Completion

the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.

City of Nashua

Accounts Payable

PO Box 2019

Nashua, NH 03061-2019

Attn: Division of Public Works

2. Beginning with the second Application for Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress payments received on account of the Work have been
applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications
for Payment.

or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if
CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven
days written notice to CONTRACTOR, correct and remedy any such deficiency.

13.07 Correction Period

F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in response to such notice.

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK

13.01 Notice of Defects

A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13.

13.02 Access to Work