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ARTICLE 17—- CHOICE OF LAW AND VENUE
This contract shall be governed exclusively by the laws of the State of New Hampshire and any claim or
action brought relating to this contract, the work performed or contracted to be performed thereunder, or
referable in anyway thereto shall be brought in Hillsborough County (New Hampshire) Superior Court
Southern Judicial District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere
ARTICLE 18 MISCELLANEOUS PROVISIONS
Upon receipt of notice of termination for cause, CONTRACTOR shall:
a. Immediately discontinue work on the date and to the extent specified in the notice.
b. Provide the OWNER with a list of all unperformed services.
Cc. Place no further orders or sub-contracts for materials, services, or facilities, other than as
may be necessary or required for completion of such portion of work under the contract that
is not terminated,
3. If the CONTRACTOR fails to correct nonconforming Work within a reasonable time, the OWNER
may correct it and the CONTRACTOR shall reimburse the OWNER for the cost of the correction.
ARTICLE 14 — PROHIBITED INTERESTS
10.
If.
12.
An Application for Payment, a progress payment, or partial or entire use or occupancy of the project
by the OWNER shall not constitute acceptance of Work not in accordance with the requirements of
the Contract Documents.
Substantial completion is the stage in the progress of the Work when the Work or designated portion
thereof is sufficiently complete in accordance with the Contract Documents so the OWNER can
occupy or utilize the Work for its intended use.
A Change Order shaii be a written order to the CONTRACTOR signed by the OWNER to change
the Work, Contract Sum or Contract Time.
Change Order requests must include material and equipment cost plus labor with a profit margin of
no more than 10%. Change Orders may require approval by the OWNER Board of Public Works
and the OWNER Finance Committee vote prior to proceeding.
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16.
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General Terms and Conditions
ARTICLE 5 — GENERAL PROVISIONS
1.
The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, representations or agreements, either written or oral. The Contract may be amended or
modified only by a written modification.
The term “Work” means the construction and services required by the Contract Documents, and
include all other labor, materials, equipment and services provided by the CONTRACTOR to fulfill
the CONTRACTOR’ obligations.
>» The specified insurance requirements do not relieve CONTRACTOR of its responsibilities or limit
the amount of its liability to the OWNER or other persons, and CONTRACTOR is encouraged to
purchase such additional insurance, as it deems necessary.
» The insurance provided herein is primary, and no insurance held or owned by the OWNER shall be
called upon to contribute to a loss.
ARTICLE 3 — CONTRACT SUM
Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR, in
accordance with the Contract Documents, the Contract Sum of:
Thirty-Four Thousand Six Hundred Fifty-Seven and 50/100 Dollars (334,657.50)
The Contract Sum shall include all items and services necessary for the proper execution and completion of
the Work.
ARTICLE 4 — INSURANCE AND INDEMNIFICATION
CONTRACTOR shall carry and maintain in effect during the performance of services under this contract:
