30.
31.
found to be in violation of state statutes or regulations, the invalidity or unenforceability of any particular
provision of this contract shall not affect any other provision, the 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.
25.
26,
27,
28.
29.
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.
21.
22.
23.
allow or cause to have such materials used for any purpose other than the performance of Independent
Contractor's obligations under this contract without the prior written consent of the City of Nashua.
17.
18.
19.
20,
Independent Contractor agrees to assist disadvantaged business enterprises in obtaining business
opportunities by identifying and encouraging disadvantaged suppliers, consultants, and sub consultants to
participate to the extent possible, consistent with their qualification, quality of work, and obligation of
Independent Contractor under this contract.
10.
11.
available legal and/or equitable remedies for any breaches of this contract except as that right may be limited
by the terms of this contract.
NO DAMAGES FOR DELAY Apart from a written extension of time, no payment, compensation, or
adjustment of any kind shall be made to Independent Contractor for damages because of hindrances or
delays in the progress of the work from any cause, and Independent Contractor agrees to accept in full
satisfaction of such hindrances and delays any extension of time that the City of Nashua may provide.
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 to resume performance.
contract and maintain and complete work in accordance with the requirements of the contract or
determination of the City of Nashua. Independent Contractor is responsible for requesting clarification or
interpretation and is solely liable for any cost or expense arising from its failure to do so.
TERMINATION OF CONTRACT
5, CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order, make changes to
the general scope, character, or cost of this contract and in the services or work to be performed, either
increasing or decreasing the scope, character, or cost of Independent Contractor's performance under the
contract. Independent Contractor shall provide to the City of Nashua within 10 calendar days, a written
proposal for accomplishing the change. The proposal for a change shall provide enough detail, including
1.
General Terms and Conditions
DEFINITIONS Unless otherwise required by the context, "Independent Contractor”, and its successors,
transferees and assignees (together “Independent Contractor”) includes any of the Independent Contractor's
consultants, sub consultants, contractors, and subcontractors
