Request for Proposal RFP No. 212027991

UNH SERC Mechanical to Network Lockset Equipment & Installation

For the University System of New Hampshire

Issue Date: 9/14/2026

TABLE OF CONTENTS

1. INTRODUCTION

1.1. Purpose

1.2. Scope & Technical Specifications

1.2.1. PART 1: GENERAL REQUIREMENTS

1.2.2. Supporting Documents

1.2.3. SCOPE OF WORK

1.2.4. Phase 2 Lockset installation and activation

1.2.5. Proposal Pricing

1.2.6. Project Schedule

1.2.7. Constraints on Contractors

1.3. About USNH

2. RFP PROCESS

2.1. Key Event Dates

2.2. General Instructions

2.3. Mandatory Site Walk

2.4. Firm Questions

2.5. Proposal Format

2.6. Addenda

2.7. Bid Opening

3. EVALUATION

3.1. Evaluation Committee

3.2. Evaluation Criteria

3.3. Public Records: Applicability of the New Hampshire Right to Know Law, RSA 91-A

3.4. Solicitation Results

4. ADDITIONAL INFORMATION

4.1. Term

4.2. Insurance Requirements

4.3. Agreement/University’s Standard Terms and Conditions

4.4. UNH’s Rights and Responsibilities

4.5. Firm’s Rights and Responsibilities

4.6. Rights Afforded to Both Parties

4.7. Mediation

ISSUE DATE: 9/14/2026

RFP No. 212027991

RFP COORDINATOR: Brenda Bowers

USNH Procurement Services Farnum Hall, 28 College Drive Concord, NH 03820 E-mail: Brenda.Bowers@usnh.edu

1. INTRODUCTION

1.1. Purpose

The University System of New Hampshire (USNH), representing the University of New Hampshire, (UNH) part of the University System of New Hampshire’s Department of Housing, is seeking proposals for the turnkey installation and activation of a networked lockset system and the necessary supporting infrastructure for the Southeast Residential Complex (SERC) residence halls. The complex consists of three residence halls, currently equipped with 540 existing locksets, which need to be replaced with networked, active locksets. This project will extend the current network of more than 1,600 card readers and locksets already in place within Housing, and will include 532 Schlage LE and 8 Schlage AD400 locksets, supported by Software House network infrastructure hardware. Thirteen of the 540 lockset installations will require replacing existing MIRL card readers. The new system will be fully integrated with our existing C-Cure access control system.

UNH has previously purchased 330 Schlage LE locksets. The remaining 202 LE locksets, 8, AD400 locksets, and all other equipment must be provided by the bidder. Bidders are expected to install all 540 total locksets.

USNH participates with multiple consortiums such as MHEC, E&I, Ominia, State of New Hampshire, NERCOMP, Sourcewell and some GSA. Please offer your best pricing.

1.2. Scope & Technical Specifications

1.2.1. PART 1: GENERAL REQUIREMENTS

Qualifications

i) Responding Firms must be factory certified to sell, install, activate, license, integrate, and warranty the materials and workmanship for Software House hardware, Allegion-Schlage locksets, Altronix power supplies, and all other interconnect materials. The integration of the SERCs network lockset extension will be with UNH’s operational Software House C-Cure 9000 v3.0 security access system, which currently serves over 1600 readers throughout campus.

ii) This is a turnkey project. The awarded Firm is to provide all materials and labor to provide a working networked lockset extension. The Firm selected will be responsible for delivering a fully integrated, functional card access system extension to the existing UNH access system within the parameters outlined in this RFP and according to the technical directions set forth in the attachments.

iii) SERC Residence Hall Occupancy State

iv) The Firm’s work will occur mostly in living spaces within buildings that may be fully or partially resident occupied. A UNH staff member must accompany workers whenever it is required that the worker enter an occupied bedroom or replace an occupied bedroom lockset.

v) Material Storage and Delivery

vi) UNH will provide a Firm with one onsite lockable storage room in each SERC building for the Firm's tools and job materials.

vii) It is the sole responsibility of the awarded Firm to plan with the shippers to receive any job materials at the UNH site and to coordinate with UNH in providing the Firm access to its temporary lockable storage.

1.2.2. Supporting Documents

i) Files A, B, C D, E & F are located in UShop Buyer Attachments

ii) UNH’s proposed system is documented with multiple attachments, organized into the following sections referred to as File A, File B, File C, File D, File E and File F in the UShop Buyer Attachments.

iii) These files are a part of this RFP. The Firm shall install and activate this project in accordance with this RFP and all attachments unless otherwise agreed to in writing.

iv) Breakdown of Files A, B, C, D, E and F with content descriptions

(1) File A Bills of Materials for Haaland, Handler, and Peterson.

(a) List all specified equipment required to complete installation in each building.

(2) File B Door Lists for Haaland, Handler, and Peterson.

(a) List doors numbers, lockset handing, and room type for each building.

(3) File C Gateway/PIM Wiring Riser Diagrams for Haaland, Handler, and Peterson.

(a) Depict the gateways located on each floor and the communication ports they connect to.

(4) File D Communication Port and Gateway/PIM to Door Lists for Haaland, Handler, and Peterson.

(a) Matrices relating room number, gateway number, communication port, and Ultra controller.

(5) File E Com and Gateway Layouts for Haaland, Handler, and Peterson.

(a) Marked floor plans depicting expected gateway installation locations.

(6) File F Housing Project Guidelines

(a) Guidelines for all buildings

v) Material Supply: The Firm shall provide, install, and activate all necessary materials to establish a fully operational card access system extension. Where applicable, these materials have been itemized per building in the attachments. The Firm will also supply additional stock materials, which will be handed over to UNH at the end of each building’s activation. The itemization of these materials is in the BOM attachments.

vi) Card Access System Headend: This consists of enclosures for housing IStar Ultra GCM-G2 modules, supporting power supplies, and any other necessary equipment to establish an active access headend, which the Firm will integrate into the existing UNH access system.

vii) Multiple Floor Transceivers (Schlage GWE2 gateways): To establish wireless networks across the buildings.

viii) Interconnect Cabling: To connect the Headend and GWE2 gateways throughout buildings.

ix) Schlage LE Locksets: For installation throughout the buildings.

(1) C-Cure Programming: The UNH system will be pre-programmed to connect to all active SERC network components and networked locksets once the equipment is installed and configured in accordance with the design and technical configurations specified in the RFP and its attachments.

(2) Equipment Quality: Unless otherwise specified, the Firm shall provide only new equipment, parts, and materials. All equipment must be protected from construction dust and debris until final acceptance.

1.2.3. SCOPE OF WORK

i) The Firm is responsible for verifying and validating UNH’s proposed system design, quantities, and technical configurations before installation and activation. Any proposed modifications to the system design must be approved in writing by UNH Staff.

ii) The Firm’s Work is to be done in two phases in the following order.

(1) Infrastructure installation and activation

(2) Lockset installation and activation

(a) Unoccupied space lockset installation and activation

(b) Occupied space lockset installation and activation

iii) Phase 1: Building infrastructure installation and activation: This phase includes the Firm installing, activating, and technically configuring the card access headends and the GWE2 Gateways per this RFP and attachments such that a working wireless system exists to add networked locksets onto in phases 2.

iv) All primary cable pathways, conduit, and wireways are preexisting. These consist of drop ceiling plenum, vertical and horizontal conduits, and plenum hallway raceways, Firm is to supply and install other miscellaneous pathways, conduits, wireways, and j-hooks as needed to provide a complete and operable system.

v) Network connections and details will be provided by UNH to the Firm to provision their installed control panels. This includes the following network variables: IP Address, Subnet Mask, Gateway, and Host. The UNH System administrator will collaborate with the Firm to integrate the new access headends with the UNH network.

vi) Headend Master Control Panel (MCP) enclosure.

vii) Firm shall install and activate the Trove enclosure listed in the Bill of Materials documents. The enclosure will house all power supply modules and GCMs.

1.2.4. Phase 2 Lockset installation and activation

i) At a date determined, after the Phase 1 wireless infrastructure is installed and activated, the Firm can begin installing and activating the LE locksets.

ii) The exact number of locksets to be installed and activated is 540. The BOM attachment shows more locksets for the project and these extra locksets are to be turned over to UNH to use as attic stock spares.

iii) The precise part number of the Schlage LE lockset is specified in the BOM files of the attachments.

iv) The Firm will install UNH Facilities Lock Shop provided key cylinders in all locksets.

v) The Firm will neatly box the old mechanical lockset and place in that building's storage room until UNH can retrieve the locksets for their future use.

vi) Summer conferences and youth camps may be housed in the SERC buildings during May, June, and July. A preliminary schedule is listed below in 1.2.6 Project Schedule.

vii) The Firm will not be able to work in buildings while occupied by youth summer camps.

viii) The Firm will not be able to work in building while occupied by adult conference unless a UNH Staff member is available to chaperone the Firm.

ix) UNH will provide up-to-date building and bedroom occupancy information throughout the project.

x) For occupied Hall Director apartments, the Firm is to install and activate each door's lockset in one visit. After activation, residents will only have UNH ID card access. Preprogramming of ID clearances will be completed by UNH at or before lockset installation and activation.

1.2.5. Proposal Pricing

i) Responding Firms must submit pricing on a per-building basis, with the cost breakdown provided for each of the two execution phases as outlined below:

ii) Phase 1 – Infrastructure: Installation and Activation of Networked Components (excluding the Schlage LE Lockset) Provide a per building total cost for the installation and activation of all non-lockset networked components, including cabling, gateways, PIMs, control panel enclosures, enclosure electronics, cabling, and network activation.

(1) Awarded Firm must complete Phase 1 by May 21, 2027, and invoice no later than June 30, 2027.

Invoice needs to break out the cost per building.

iii) Phase 2 – Lockset: Installation and Activation of the Schlage LE Locksets Provide a per building total cost for the complete installation and activation of the Schlage LE lockset.

(1) Pricing must be added to the Appendix B in the Buyer Attachments.

(a) Awarded Firm must invoice all work completed in June by June 30, 2027, invoice need to break out the cost per building.

1.2.6. Project Schedule

i) Project Phase 1 (Infrastructure) Start and End Period: The work for Phase 1 must be completed by 5/21/2027. Exact start and end dates will be finalized and negotiated with the awarded Firm.

ii) Project Phase 2 (Lockset) Start and End Time: The work for Phase 2 is expected to begin no later than 5/24/2027 and must be completed by 8/1/2027. While this timeline is provided as a guideline, the exact start and end dates will be finalized and negotiated with the awarded Firm.

iii) The Firm's response should include an estimate of the total number of workdays required to complete both phases of the project.

iv) The Firm's response should include the number of days to complete each phase of the project by building. This must be added to the Appendix B in Buyer Attachments.

v) The Firm will likely not be able to complete one building at a time due to constraints involving summer conferences and youth camps. Currently, summer conferences and youth camps are scheduled for the following times.

(1) Handler: 6/25/2027 - 7/2/2027, 7/4/2027-7/9/2027, 7/11-7/16/2027

(2) Peterson: 6/25/2027 - 7/2/2027, 7/4/2027-7/9/2027, 7/11-7/16/2027

(3) Haaland: 7/4/2027-7/9/2027

(4) Adult Conference dates are 6/25/2027 to 6/27/2027 in both Handler & Peterson. Any work being done in these buildings during these dates must have a UNH staff member present.

(5) All other dates will be occupied by youth camps, and these buildings will not be available to work in.

vi) Summer conferences and youth camp dates are subject to change, UNH will provide regular updates on summer occupancy to the selected Firm for scheduling and planning purposes.

vii) The Firm and UNH will work together to plan locksets installations in the most efficient way possible.

1.2.7. Constraints on Contractors

i) All subcontractors must be approved by UNH before working on campus.

ii) There is no smoking inside any of the Owner’s buildings. University of New Hampshire (UNH) is a tobacco free campus.

iii) The successful Firm shall take all measures required by law to assure all Company employees who provide services shall comply with all applicable laws, ordinances, rules and regulations in the performance of services provided, including but not limited to, all applicable University policies and procedures, rules and regulations in effect at the time, all laws governing appropriate visa and work authorization, any and all applicable University policies regarding background information, pre-employment testing and any other applicable requirements deemed appropriate by the University.

iv) The successful Firm is responsible for any damage caused by their staff to USNH buildings or property and must replace/repair such damage at no cost to the Owner.

v) Parking: Parking shall be subject to campus parking regulations, enforcement and procedures. The successful Firm shall work with UNH personnel regarding parking permits/fees and the availability of parking.

vi) The selected Firm(s) should be prepared to treat USNH with a high level of attentiveness, client service, and dedication and offer competitive pricing and delivery of high-quality services.

1.3. About USNH

The University System of New Hampshire is the largest provider of postsecondary education in the Granite State. With approximately 32,000 enrolled students annually and more than 90,000 alumni living in state, the institutions of the University System - the University of New Hampshire - Durham, the University of New Hampshire School of Law, the University of New Hampshire at Manchester, Plymouth State University, and Keene State College - have a direct impact on hundreds of thousands of New Hampshire citizens every year.

In concert with our commitment to teaching, our community outreach and service programs expand knowledge and have a positive impact on the state, and our research efforts add insight and understanding to subjects as varied as air quality, economic development, family health, teacher training, and ocean mapping.

It is not the expectation, that the pricing and terms provided in any proposal and the resulting agreement is available to all institutions and affiliates of the University System of New Hampshire.

Please visit the following links for detailed information relative to all University System of New Hampshire institutions:

University System of New Hampshire Keene State College Plymouth State University University of New Hampshire

2. RFP PROCESS

2.1. Key Event Dates

The key dates for the RFP process are currently as follows:

Key Milestones Dates Comments

Solicitation Release 09/14/2026

Mandatory Site Walk 09/22/2026 @ 10:00 a.m. Site walk location below

Deadline for Firm Questions 09/24/2026 by 12:00 p.m.

Response to Questions 09/28/2026

Submittals Due 10/02/2026 by 12:00 p.m.

Award Announcement TBD

The University reserves the right to amend this schedule as it deems necessary.

Mandatory Site Walk Location

UNH Handler Hall 5 DeMeritt Circle Durham, NH 03824 Meet at the door closest to McDaniel Drive https://www.unh.edu/housing/facility/handler-hall https://www.usnh.edu/ https://www.keene.edu/ https://www.plymouth.edu/ https://www.unh.edu/ https://www.unh.edu/housing/facility/handler-hall

UNH Campus Visitor Parking Information: https://www.unh.edu/transportation/parking/visitor-metered-parking The closets Visitor Lot is College Road, please park in the designated Visitor section and pay the meter.

2.2. General Instructions

• In order to participate in the Sourcing Event, suppliers must create an account and login credentials.

Successful bidders will be invited to provide full company and tax profile information in order to complete the registration process, using the login credentials previously established.

• Questions and answers will be submitted on the Q&A Board under Tools. It is the Firm’s responsibility to ensure that the entire solicitation package and links are reviewed prior to submittal of a response.

• Oral information provided by the evaluation committee or any other USNH personnel will not alter or change this solicitation. Changes to the solicitation will be documented by addendum.

• Revisions, Amendments, and Cancellation: The owner may extend the deadline date for submissions if, in the owner’s opinion, any revisions or amendments to this solicitation make this necessary. The owner may also cancel this solicitation, in whole or in part, or reject all submissions when this action is deemed to be in the best interest of the owner.

• Submission packages shall include all required information and documents or will be considered non-conforming and subject to disqualification.

• Submission packages should be prepared simply and economically, providing a straightforward, concise description of the respondent’s ability to fulfill the requirements of this solicitation.

• Submission documents should be uploaded as a single document in pdf format unless otherwise indicated.

• Responses shall be transmitted electronically through UShopNH. The Event will close automatically at the due date and time. Each respondent is solely responsible for the timely submission of its response. Late submittals will not be accepted. Responses submitted by any other method will not be accepted.

• Responses are not final upon completion of the fields and uploading documents. In order to finalize the response, it is critical for the respondent to Review and Submit the proposal or it will not be available in UShopNH for owner consideration.

• Each submission will be reviewed to determine its completeness prior to actual evaluation. Failure to provide or adequately address all categories of information requested, may result in rejection of the Firm’s response.

• The owner reserves the right to accept or reject any or all submissions received as a result of this solicitation, to waive minor irregularities, or to negotiate with any respondent, in any manner necessary, to serve the best interests of the owner.

• USNH reserves the right to request clarification of any aspect of materials received or to request further information as might be required to adequately evaluate credentials and qualifications.

• Any costs incurred by the respondent in preparing and submitting a response to this solicitation will be the sole responsibility of the respondent and will not be reimbursed by the owner.

https://www.unh.edu/transportation/parking/visitor-metered-parking https://www.unh.edu/transportation/parking/visitor-metered-parking

• USNH considers all terms and conditions, and insurance requirements, to be accepted unconditionally by a Firm unless written exceptions are made to specific clauses of this solicitation when submitting a response. Such exceptions may, however, be used as a basis for rejection of a response.

• For technical issues, contact JAGGAER Supplier Support at 1-800-233-1121 and select option 2.

2.3. Mandatory Site Walk

The solicitation process may include informational meetings (see event timeline). When a mandatory site walk is required, proposals from Firms that did not attend will not be considered. Additional meetings will not be scheduled to accommodate Firms that failed to attend the scheduled mandatory meeting. Attendees will be required to provide a business card to verify their presence.

2.4. Firm Questions

Questions and inquiries concerning this solicitation shall be submitted through the UShopNH Event Q&A Board. Oral questions or responses will not be recognized as confirmed information.

2.5. Proposal Format

All Firms should provide the information as specified in:

• Cover Sheet. Clearly identify the Firm submitting the response.

• Executive Summary. (i.e., cover letter) signed by an authorized officer (no more than three pages).

• Staffing & Organization. Provide a description of the Firm’s organization and staffing, including the names and titles of all personnel who would be assigned to the contract.

• Detailed Plan. Provide a detailed plan for fulfilling the contract per Scope/Technical Specifications.

Include a description of what your Firm views as its responsibilities as well as a complete pricing structure for products and/or services to be provided.

• Owner Requirements. If applicable, provide complete information for any services, information, equipment, or space to be provided by Owner.

• Client References. Provide at least three references where your Firm has provided a similar scope of services (preferably in higher education). For each reference, include company name, address, telephone number, fax number, email address, primary contact, and description of services provided for these clients.

• Appendix A – Statement of Qualification Complete in its entirety. NOTE: The Respondent certifies that it is empowered to use the names of references it provides and agrees that the USNH may contact these references.

• Appendix B - Financial Response Workbook – Complete in its entirety

Only information received in response to this RFP will be evaluated. Reference to information previously submitted to the University will not be considered. Failure to respond in full can be reason for rejecting the proposal in whole or in part at the discretion of the University.

In submitting a proposal, Firm agrees that the proposal remains valid for one hundred eighty (180) calendar days after the closing date of submission of proposals and may be extended beyond that time by mutual agreement.

Strict compliance with this proposal format is essential to facilitate the evaluation process. Accordingly, USNH reserves the right to reject any proposal which is either incomplete or does not conform to these instructions.

2.6. Addenda

All addenda will be posted in UShopNH under Buyer Attachments. It is the responsibility of the Firm to check UShopNH prior to the due date to verify receipt of all information and required documentation.

2.7. Bid Opening

Bid responses will be opened by USNH Procurement Services at the time and date indicated. Any bid may be withdrawn prior to the time established for the opening of bids by withdrawing through UShopNH.

The Owner will not accept any written requests to withdraw. Any bid withdrawn during the bid acceptance period shall result in forfeiture of the respective Bidder’s bid security.

3. EVALUATION

3.1. Evaluation Committee

The evaluation committee expressly reserves the right to reject any and all proposals without penalty, to waive all technicalities and irregularities and deviations of proposals from this request for proposal, to decide whether a proposal does or does not substantially comply with the requirements of this request for proposal, to be the final judge as to which is the best overall proposal, and to award a contract to the Firm whose proposal it considers to be in the best interest to USNH.

In the event that a contract acceptable to the committee cannot be executed with the top Firm, the committee may eliminate that Firm from further consideration. The committee may then proceed to conduct negotiations and planning sessions with the Firm next preferred among the Firms who have not been eliminated. Such processes will be continued until either an acceptable contract is executed, or all proposals have been eliminated.

USNH reserves the right to negotiate simultaneously with more than one Firm.

3.2. Evaluation Criteria

Evaluation criteria will be based on, but not necessarily limited to the following factors. Negative findings or judgments on the basis of any one of the criteria may result in elimination of a given response from further consideration.

• Response to Scope of Work/Technical Specifications

• Depth of experience across business functions.

• Overall profile of project management and technical certifications

• Overall suitability of the response for current and future needs

• Competitiveness and stability of pricing

• Preference to local vendors within the New England region for any needed warranty support

• Services offered

3.3. Public Records: Applicability of the New Hampshire Right to Know Law, RSA 91-A

• Subject to the provisions of the New Hampshire Right to Know Law, RSA 91-A, prior to the issuance of an award the evaluation committee shall treat all proposals received as confidential. After the issuance of an award all proposals shall be public records. If no award is issued and the solicitation is cancelled without intention of reissuance, all proposals shall be public at the time of cancellation.

If no award is issued and USNH intends to reissue the solicitation, all proposals shall be confidential until the award is issued, or the subsequent solicitation is cancelled without intention of reissuance.

• Also subject to the provisions of the New Hampshire Right to Know Law, RSA 91-A, the working papers and any other records of the discussions or deliberations of the evaluation committee or any of its members shall be treated as confidential and entitled to either or both of the specific exemptions from public access provided for in RSA 91-A:5, VIII and IX.

• If the Firm considers any portion of a submission confidential, they shall provide a separate copy of the full and complete document, fully redacting those portions by blacking them out and shall note on the applicable page or pages of the document that the redacted portion or portions are “confidential.” Use of any other term or method, such as stating that a document or portion thereof is “proprietary”, “not for public use”, or “for client’s use only”, is not acceptable. In addition, the Firm shall provide a letter which specifically states why and under what legal authority each redaction has been made. Submissions which do not conform to these instructions may be rejected as not conforming to the requirements of the bid or proposal. USNH will generally assume that a bid or proposal submitted without an additional redacted copy contains no information which the bidder deems confidential. Applying labels to documents such as “confidential” may not keep them from becoming public records as described in the preceding paragraphs or otherwise affect the application and operation of the New Hampshire Right to Know Law, RSA 91-A.

• USNH shall have no obligation to maintain the confidentiality of any portion of a bid, proposal or related material, which is not marked in accordance with the foregoing provisions. It is specifically understood and agreed that the Firm waives any claim of confidentiality as to any portion of a response to this RFB or RFP that is not marked as indicated above.

3.4. Solicitation Results

Respondents list or bid summary are available on the USNH Procurement Services web page: Bid Results. Time frame may vary depending on the complexity and number of responses. Participants in the solicitation will also be able to track the status of the solicitation in UShopNH.

4. ADDITIONAL INFORMATION

4.1. Term

It is USNH’s intent that any contract resulting from this solicitation will commence once the contract has been signed and it will end on 8/1/2027, once the project has been completed and signed off on by UNH representative.

4.2. Insurance Requirements

USNH insurance requirements are available on the USNH Procurement Services web page under Other Forms: USNH Insurance Requirements Within ten (10) business days after the Owner delivers a Notice of Acceptance, Agreement or Purchase Order, or prior to beginning work on campus, whichever is sooner, the successful Firm shall deliver to the Owner the Certificate of Insurance as specified in the USNH Insurance Requirements.

http://www.unh.edu/purchasing/bid-results.html http://www.unh.edu/purchasing/bid-results.html http://www.unh.edu/purchasing/forms.html

4.3. Agreement/University’s Standard Terms and Conditions

Appendix C – USNH Agreement shall be used upon award. Please review and provide your Firm’s redlines to the agreement template for our consideration.

Terms and conditions are available on the USNH Procurement Services web page: USNH Terms and Conditions. Supplier understands that payments under any resulting Agreement may be subject to the withholding requirements of Section 3402(t) of the Internal Revenue Code.

4.4. UNH’s Rights and Responsibilities

• USNH reserves the right to audit those financial records of the Firm, which pertain to the contract.

• USNH reserves the right not to enter into a contract if, after reviewing all responses received, it is determined such a contract would not be in the best interest of USNH.

• USNH intends to meet contractual obligations and to treat all Firms fairly.

• USNH reserves the right to extend contracts for supplies to all USNH institutions.

4.5. Firm’s Rights and Responsibilities

The Firm agrees to maintain records arising from the operation of this contract for a period of two (2) years following its termination or expiration date, unless permission to the contrary is given by USNH in writing. The Supplier agrees to provide access to its accounting information pertaining to this USNH contract in the event an audit is requested.

The Firm will be responsible for purchasing merchandise and services and executing contracts in its own name and at its own cost and expense and on its own credit.

4.6. Rights Afforded to Both Parties

Awarded Firm shall indemnify and hold harmless the USNH and its affiliates, trustees, officers, directors, employees and agents from and against any and all liabilities, claims, damages, awards, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of its negligent acts or omissions of the negligent acts or omissions of its employees, agents, s or affiliates. This section shall survive termination of the contract.

If, because of riots, war, pandemic, public emergency or calamity, fire, earthquake, Acts of God, government restriction, labor disturbance or strike, or any cause beyond the Owner’s reasonable control, the business operations at the University System of New Hampshire shall be interrupted or stopped, performance of this contract, with the exception of moneys already due and owing shall be suspended and excused to the extent commensurate with such interfering occurrence, and the expiration date of the contract may be extended for a period of time equal to the time that such default in performance is excused.

The contract shall be governed by and construed in accordance with the laws of the State of New Hampshire. In the event any provision of these terms and conditions shall be declared illegal or unenforceable by a competent court within this jurisdiction the remaining provisions shall remain in full force and effect. Any litigation related to this agreement will be brought and maintained in courts within the State of New Hampshire.

Neither party may assign this contract without the written consent of the other party; and any assignment attempted without such consent shall give the other party the immediate right to cancel this contract except that the Firm may assign this contract with the consent of Owner to any subsidiary or affiliate of the Firm or any corporation into which the Firm or its successor may be merged, converted or consolidated, or which may otherwise succeed to substantially all of its assets; but the Firm shall during the term hereof remain liable for its obligation hereunder.

4.7. Mediation

In the event the parties are unable to resolve a dispute, controversy or claim arising under this agreement, then either party may give written notice to the other party of its intention to mediate. Any dispute arising under this Agreement may be settled by mediation in the State of New Hampshire in accord with such procedures as may be acceptable to the parties.

If the dispute has not been resolved through mediation within thirty (30) days after the written notice beginning the mediation process (or a longer period, if the parties agree to extend the mediation), the mediation shall terminate and the parties shall be free to litigate the matter.

In the event of any mediation or litigation arising under this Agreement, each party shall be responsible for its own costs and expenses arising therefrom, including any and all attorney’s fees. Neither party shall seek reimbursement from the other party.