Agenda

those contained in media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied
to Lighting Contractor in the performance of its obligations under this contract shall be the
exclusive property of the City and all such materials shall be remitted and delivered, at Lighting
Contractor's expense, by Lighting Contractor to the City upon completion, termination, or
cancellation of this contract. Alternatively, if the City provides its written approval to Lighting

In connection with the performance of work under this contract, Lighting Contractor 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.

Nothing in this contract shall be construed to provide Lighting Contractor with a right of
payment over any other entity. Any funds obligated by the City under this contract that are not
paid to Lighting Contractor shall automatically revert to the City’s discretionary control upon the
completion, termination, or cancellation of the agreement. The City shall not have any
obligation to re-award or to provide, in any manner, the unexpended funds to Lighting
Contractor. Lighting Contractor shall have no claim of any sort to the unexpended funds.

limits to be maintained by Lighting Contractor are intended to and shall not in any manner limit
or qualify the liabilities and obligations assumed by Lighting Contractor under this
contract. The City of Nashua shall not maintain any insurance on behalf of Lighting Contractor.
Subcontractors are subject to the same insurance requirements as Lighting Contractor and it shall
be the Lighting Contractor’s responsibility to ensure compliance of this requirement.

or otherwise. In the event Lighting Contractor shall cease conducting business, the City shall
have the right to solicit applications for employment from any employee of the Lighting
Contractor assigned to the performance of the contract.

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

sufficient advance notice that will prevent conflict with their other responsibilities. The City also
agrees to provide Lighting Contractor with access to City records in a reasonable time and
manner and to schedule items that require action by the Board of Public Works and Finance
Committee in a timely manner, The City and Lighting Contractor also agree to attend all
meetings called by the City or Lighting Contractor to discuss the work under the Contract, and

care. Any approval by the City of any products or services furnished or used by Lighting
Contractor shall not in any way relieve Lighting Contractor of the responsibility for professional
and technical accuracy and adequacy of its work. City review, approval, or acceptance of, or
payment for any of Lighting Contractor's work under this contract shall not operate as a waiver
of any of the City's rights or causes of action under this contract, and Lighting Contractor shall

GENERAL CONDITIONS

1. DEFINITIONS. Unless otherwise required by the context, "Lighting Contractor”
includes any of the Lighting Contractor's consultants, sub consultants, contractors, and

subcontractors

30. SEVERABILITY
31. MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT
32. CHOICE OF LAW AND VENUE

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