Agenda

In the event Contractor (or any of its officers, partners, principals, or employees acting with its authority) is convicted of
a crime involving a public official arising out or in connection with the procurement of work to be done or payments to be
made under this contract, City may terminate the contract at will or for cause in accordance with paragraph 9. Upon
termination, Contractor shall refund to the City any profits realized under this contract, and Contractor shall be liable to

17.04 Survival of Obligations

A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with
the Contract Documents, will survive final payment, completion, and an acceptance of the Work or termination or
completion of the Agreement.

17.05 Controlling Law

A. The Contract is to be governed by the law of the state in which the Project is located, and any litigation arising out of
this Contract shall be brought in a court located in the State of New Hampshire.

17.06 Access to Records

15.04 CONTRACTOR May Stop Work or Terminate

C. Where CONTRACTOR's service have been so terminated by OWNER, the termination will not affect any rights or
remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment
of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability.

15.03 OWNER May Terminate For Convenience

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

15.01 OWNER May Suspend Work

2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents, including but not limited to the evidence of insurance required
by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective
releases or waivers (Satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the
Work.

payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection
to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER
concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative
certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If after consideration of

a. The Work is defective, or completed Work has been damaged, requiring correction or replacement;
b. The Contract Price has been reduced by Written Amendment or Change Orders;

c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph
13.09; or
d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A.

Cc. Payment Becomes Due

City of Nashua
Accounts Payable
PO Box 2019
Nashua, NH 03061-2019
Attn: Nick Caggiano

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.

3. The amount of retainage with respect to progress payments will be stipulated in the Agreement.
B. Review of Applications.

13.09 OWNER May Correct Defective Work

A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to
remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, 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.