contract shall be construed as if such invalid or unenforceable provisions were omitted, and the parties
may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying the invalidity or
unenforceability.
24, NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this contract
shall be considered waived by the City of Nashua. There shall be no waiver of any past or future default,
breach, or modification of any of the terms and conditions of the contract unless expressly stipulated to by
the City of Nashua in a written waiver.
The City of Nashua acknowledges that the Professional Engineer’s Instruments of Service are not
represented to be suitable for use of reuse for any other applications or site without written verification
from the Professional Engineer and any such use or reuse without written verification from the
Professional Engineer will be at the City of Nashua’s sole risk and without liability to the Professional
Engineer.
In connection with the performance of work under this contract, Professional Engineer agrees not to
discriminate against any employee or applicant for employment because of race, creed, color, national
origin, sex, age, or sexual orientation. This agreement includes, but is not limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
harmless obligations, or portions thereof, shall not apply to liability caused by the negligence or willful
misconduct of the party indemnified or held harmless.
10. NO DAMAGES FOR DELAY. Apart from a written extension of time, no payment, compensation,
or adjustment of any kind shall be made to Professional Engineer for damages because of hindrances or
delays in the progress of the work from any cause, and Professional Engineer agrees to accept in full
satisfaction of such hindrances and delays any extension of time that the City of Nashua may provide.
11. INSURANCE. Professional Engineer shall carry and maintain in effect during the performance of
services under this contract:
performance of work terminated, abandoned, or suspended under the notice, assign to the
City of Nashua any orders or sub contracts specified in the notice, and revoke agreements
specified in the notice.
5. Not resume work after the effective date of a notice of termination unless and until
receipt of a written notice from the City of Nashua tc resume performance.
Professional Engineer's risk and expense. At all times, Professional Engineer shall carry on the work
under this contract and maintain and complete work in accordance with the requirements of the contract
or determination of the City of Nashua. Professional Engineer is responsible for requesting clarification or
interpretation and is solely liable for any cost or expense arising from its failure to do so.
8. TERMINATION OF CONTRACT
4, CITY OF NASHUA REPRESENTATIVE. The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by Professional
Engineer, and any other communication about the contract shall be addressed or be delivered to the City
of Nashua Representative.
General Terms and Conditions
1. DEFINITIONS. Uniess otherwise required by the context, "Professional Engineer”, and its
successors, transferees and assignees (together “Professional Engineer”) includes any of the Professional
Engineer's consultants, sub consultants, contractors, and subcontractors
