Minutes

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EXHIBIT A

UltiPlay Parks & Playgrounds, Inc.
PO Box 374

Ul olac, Uxbridge, MA 01569

7 Phone: (508) 634-1497 Fax: (508) 634-6949
Email: dmartin@ultiplayus.com

Quote #:
2020Nashua
2new

Nick Caggiano ;

Nashua Parks & ae Date: 8/17/2020
Recreation Dept. Email: ep: byana Marin
100 Concord St. caggianon@nashuanh.gov

Nashua NH 03064 Mobile:

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

In the event of a termination for cause, CONTRACTOR shall receive all amounts due and not
previously paid to CONTRACTOR for work satisfactorily completed in accordance with the
contract prior to the date of the notice, less all previous payments. No amount shall be allowed or
paid for anticipated profit on unperformed services or other unperformed work. Any such payment
may be adjusted to the extent of any additional costs occasioned to the OWNER by reasons of
CONTRACTOR's failure. CONTRACTOR shall not be relieved of liability to the OWNER for

do so. If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or that part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, 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.
C. Place no further orders or sub-contracts for materials, services, or facilities, other

11. Upon receipt of a final Application for Payment, the OWNER will inspect the Work.
When the Work is deemed acceptable and the Contract fully performed, the OWNER will
promptly issue a final Certificate for Payment.

12. Acceptance of final payment by the CONTRACTOR, a subcontractor or supplier shall
constitute a waiver of claims by that payee except those previously made in writing and
identified by that payee as unsettled at the time of final Application for Payment.

ARTICLE 12 — PROTECTION OF PERSONS AND PROPERTY

10.

Once every thirty (30) days, the CONTRACTOR shall submit an itemized Application
for Payment for operations completed in accordance with the values stated in the
Agreement. Such application shall be supported by such data substantiating the
CONTRACTOR’s right to payment as the OWNER may reasonably require.

Application for Payment performed under this agreement shall be submitted as follows:

>» Electronically via email to VendorAPInvoices@NashuaNH. gov
OR
>» Paper Copies via US Mail to:

14. The CONTRACTOR shall keep the premises and surrounding area free from

accumulation of debris and trash related to the Work.

15. Upon completion of WORK, CONTRACTOR warrants and guarantees to OWNER, for

one (1) year, and that all WORK was completed in accordance with the Contract
Documents and will not be defective. CONTRACTOR’s warranty and guarantee
hereunder excludes defects or damage caused by:

ARTICLE 8— CONTRACTOR

1.

10.

11.

12.

13.