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FINANCE COMMITTEE

NOVEMBER 2, 2016

7:00 PM Aldermanic Chamber
ROLL CALL
PUBLIC COMMENT
COMMUNICATIONS
From: John Griffin, Chief Financial Officer/Comptroller
Re: Notification of Entry into Contract with a 3” Party Supplier for Electricity Supply
From: Bruce Codagnone, CIO/IT Division Director
Re: Purchase of Radio Systems Fiber Optics Installation
From: Dan Kooken, Purchasing Manager
Re: Proposal from Ospreyowl Environmental, LLC, for Oversight Services for the Wastewater
Treatment Plant (Value: Not To Exceed $45,000); Department: 169 Wastewater; Fund: Wastewater
From: Dan Kooken, Purchasing Manager
Re: Purchase of Replacement Police Vehicles (Value: $462,575)
Department: 150 Police; Fund: CERF
From: Dan Kooken, Purchasing Manager
Re: Change Order #1 NPD Roof Project (Value: $34,000)
Department: 150 Nashua Police Department; Fund: Trust Fund
From: Dan Kooken, Purchasing Manager
Re: Broad Street Parkway Property Appraisal (Value: $14,500)
Department: 160 Admin/Engineering; Fund: Bond; Activity: Broad Street Parkway
From: Dan Kooken, Purchasing Manager
Re: To Purchase Winter Road Sand (Value: $16,000); Department: 161 Streets; Fund: General
From: Dan Kooken, Purchasing Manager
Re: Purchase of One (1) Ford F350 Utility Body Truck (Value: $48,232)
Department: 161 Streets; Fund: Trust; Activity: CERF
From: Dan Kooken, Purchasing Manager
Re: Purchase One (1) 2016 LeeBoy 7000c Asphalt Paver (Value: $108,981)
Department: 161 Sireets; Fund: Trust; Activity: CERF
From: Dan Kooken, Purchasing Manager
Re: To Approve the Purchase of Recycling and Trash Carts from Toter, Inc.

(Value: Not-to-Exceed $145,000); Department: 168 Solid Waste; Fund: Solid Waste

UNFINISHED BUSINESS — None

NEW BUSINESS — RESOLUTIONS

R-16-076

Endorser: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman Richard A. Dowd
Alderman Ken Siegel
Alderwoman Mary Ann Melizzi-Golia
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy

AUTHORIZING THE CITY OF NASHUA TO EXTEND AND AMEND THE LEASE FOR THE HERITAGE

RAIL TRAIL COMMUNITY GARDEN

e Also assigned to the Committee on Infrastructure; to appear on its November 3, 2016 agenda

NEW BUSINESS —- ORDINANCES — None
DISCUSSION

RECORD OF EXPENDITURES

PUBLIC COMMENT

NON-PUBLIC SESSION

ADJOURNMENT

City of Nashua

Financial Services Division

a afk wae eee oa Eas

229 Main Street - Nashua, NH 03060 (603) 589-3171
Fax (603) 589-3209

September 16, 2016

TO: Mayor Donchess
Finance Committee

FROM: John Griffin, Chief Financial Officer/Comptroller

SUBJECT: Notification of entry into contract with a 3™ party supplier for electricity supply.

On Thursday, September 15"", 2016, Financial Services competitively solicited and entered into an
agreement with a 3 party energy supplier for the tariff-controlled supply portion of its electric utility
bills. Pursuant to the communication approved at the September 7", 2016 Finance Committee meeting,
please find attached the executed contract (“Exhibit A’).

Contract Terms:
Fixed Price: $0.07010 per kWh
Fixed Term: 36 months beginning November 2017

EXHIBIT A

Agreement is Not

GEER . Constella im i
aE "ve : Valid Unless
ew WEIL ation Executed by Seller

An Exalon Company

Constellation NewEnergy, inc.
Electricity Supply Agreement - Fixed Price Solutions

CITY GF NASHUA NH ("Customer") AND Constellation NewEnergy, Inc. ("Seller") AGREE AS FOLLOWS:

Defined Terms. Capitlized terms have the meanings set out in this Electricity Supply Agreement, including the attached General Terms and Condifons
("Agreement’), generally the words "you" and "your" refer to the Customer listed above and the words “we” and "us" refer to Seller, unless the context clearly
requires otherwise.

Purchase and Sale of Electricity. You will purchase and receive, and we will sell and supply all of your electricity requirements at the prices set forh below
for each account identified in the Account Schedule below ("Account). By signing this Agreement, you authorize us to enroll each Account with your UDC so
that we can supply those Accounts). You will take such acions as we request to allow us fo enroll each Account in a fmely manner, You agree that we may
select such sources of energy as we deem appropriate to meet our obligations under the Agreement We will enroll each Account with the applicable UDC as
being supplied by us and will take such other actions wih the applicable UDC and ISO necessary for us fo meet our obligations under the Agreement

The speciic prices for each Account are set forth in the Account Schedule, below. You are also responsible to pay (1) Taxes - which we will pass through to
you on your bill or as part of the price of electricity, as may be required by law, rule or regulation and (2) UDC charges for delivery/distribution services ff we
provide you a single bill that includes UDC charges. Your prices are fxed for the existing ferm of this Agreement and only subject fo change if there is a
change in law, as described in Section 5 of the General Terms and Condifons below. The UDC charges (if any) and Taxes are charged fo you as a "pass-
through," which means hey will change during the existing term of this Agreement if and as the related charges assessed or charged vary for any reason,
including but not fimitad the types of changes described above,

Cost Components. For each of the items listed as "Fixed" below, this means the ffem is included in your contract prices as set forth in the Account Schedule.
For each of the items listed as "Passed Through" below, this means fat you will be charged the costs associated with the line item in accordance wih the
definitions of each item in Section 1, Defnifions of the General Terms and Condifons.

Energy Costs Fixed
Ancilary Services And Other SO Costs | Fixed
Capacity Costs Fixed
Line Loss Costs Fixed
FERC Order 745 Costs Fixed
Wier Reliability Costs Fixed

The contact prices contained in the Account Schedule have been reduced to refect a fxed credit you for he Auction Revenue Rights and Transmission
Loss Credits associated with the Account(s). The contract prices also include any credit costs and margin as well as Renewable Portolio Standards Costs.

Retail Trade Transactions. At any fme during the term of this Agreement, you may request the purchase of renewable energy cerificates in an amount
equal fo a prescribed percentage of your load volume by entering into one or more Retail Trade Transactions ("RTTs") between us. If we both agree fo the
pricing and terms of the renewable energy certificates purchase, a separate RTT Confirmation signed by both of us wil document each such purchase and be
incorporated herein.

Term. This Agreement will become effecive and binding after you have signed the Agreement and we have counter-signed. Subject to successful enrollment
of your Accounts}, this Agreement shall commence on or about the date set forth under "Start Date", and end on or about the date set forth under "End Dats”,
unless extended on a holdover basis as described in this Agreement The actual Start Date is dependent on the UDC successfully enrolling the Account{s) and
lurnishing us with all necessary informafon regarding the Accounts) meter read cycle and meter read date(s). The dates set forth in the Account Schedule
below reflect UDC informafon available at that ime or as otherwise estimated by us. The actual meter read dates May occur on or about the dates set frih
herein. We will use commercially reasonable efforts io begin service to each Account(s) on the actual meter read date on or about the Start Date set forth
herein. {f we are unable to timely enroll an Account, the Start Date wil commence on the next regularly scheduled UDC meter read cycle date following
successtul enrolment The End Date will remain the same unless extended for a holdover term. We shall not be fable for any failure io enroll or drop an

FOR INTERNAL USE ONLY
©2016 Constellation Energy Resources, LLC Allrights reserved.
Errors and omissions excepted. Std, Short Form_y.2010 Rev Mar-01-2016 0
Sales Rep: Craig Brazell 117636.46911.0 Printed: 9/15/2016
Page - f - of 12

Account by the Start and End Date due fo circumstances beyond our control. We will not be responsible for any gaps in service that may occur between the
termination of your service from a prior supplier and the commencement of supply from us.

Nothing in this Agreement shall be deemed to require or otherwise obligate us tp offer to extend the term of this Agreement. If following ferminaton or
expirafon of this Agreement (whether in whole or in parf), for any reason, some or all of the Accounts remain designated by the UDC as being supplied by us,
we may confinue to serve such Account{s) on a month-to-month holdover basis. During such holdover term, we wil! calculate your invoice as follows: (Each
Accounts metered usage, as adjusted by the applicable line loss factor) fmes (the applicable [SO-published Day Ahead Locational Based Marginal Price
("LMP") + $.005250/kWh) + (a pass through of all costs and charges incurred for the retail delivery of energy you) + Taxes. This Agreement will continue to
govern the service of such Accounts during such holdover term. Either party may terminate the holdover term at any fime within its discretion at which ime we
will drop each Account as of the nextpossible meter read date f the then applicable tariff service, whether default service or otherwise.

Your Invoice. Your invoice will contain all charges applicable to your electricity usage, including Taxes (which are passed through to you). You will receive
one invoice fom the UDC for UDC charges and one invoice from us for all other charges (“Dual Billing”) unless we agree otherwise, or your Account{(s)
eligibility changes. All amounts charged are due in full within twenty (20) days of the invoice date, and we reserve the right to adjust amounts previously
invoiced based upon supplemental or additional data we may receive from your UDC. Your invoices wil be based on actual data provided by the UDC,
provided that if we do not receive actlal data in a timely manner, we will make a good faith esfmate using your historical usage dala and other
information. Once we receive actual data we will reconcile the esimated charges and adjust them as needed in subsequent invoices. if you fall tp make
payment by the due date, interest will accrue daily on outstanding amounts from the due dafe until the bill is paid in full at a rate of 1.50% per month, or the
highest rate permitted by law, whichever is less.

Certain Warranties. You warrant and represent that the electricity supplied under this Agreement is not or use at a residence, For Account(s) located in the
Siale of New Hampshire, you warrant and represent that your AGGREGATE PEAK LOAD DURING ANY 12 MONTH PERIOD IS GREATER THAN 100

KILOWATTS.

Notices. All nofces wil be in writng and delivered by hand, cerfied mail, return receipt requested, or by first class mail, or by express carrier to our
respecive business addresses. Our business address is 1221 Lamar St Suite 750, Houston, TX 77010, Atn: Contracts Administafon. Either of us can

change our address by nofce fo the other pursuant fp this paragraph.

Customer Service. For questons about your invoice or our services, contact us at our Customer Service Department by calling toll-free 888-635-0827, or by
e-mail at CusiomerCare@Constellafon.com. Your prior authorization of us to your UDC as recipient of your current and historical energy billing and usage
data will remain in efect during the entre term of this Agreement, including any renewal, unless you rescind the authorization upon writen nofice fo us or by
calling us at 888-635-0827. We reserve the right to cancel this Agreement in the event you rescind the authorization.

IN THE EVENT OF AN EMERGENCY, POWER OUTAGE OR WIRES AND EQUIPMENT SERVICE NEEDS, CONTACT YOUR APPLICABLE UDC AT:

UDC Name UDC Abbreviation Contact Numbers
Public Service of New Hampshire PSNH 1-800-662-7764

Additional Terms. For Accounts located in the Stats of New Hampshire:

(i) New Hampshire Public Utilities Commission, Addifonal informaton, including informaton on consumer rights may be obtained by conlacing the New
Hampshire Public Uilites Commission at (800) 852-3793 or by visiing the New Hampshire Public Uflifes Commission Consumer page. The Consumer Page

website address is htp://www.puc.state.nh.us/Con sumer/consumer.htm.

(ii) Telemarketing. if youda not wish to receive telemarkefng calls, you may contact the Telephone Preference Service of the Direct Marketing Associafon and
request fo be put on a “do-not-call’ list The Direct Markeing Association website address is: hitp./Avww.dmaconsumers.org/offtelephonelist htm.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

FOR INTERNAL USE ONLY
©2016 Constellation Energy Resources, LLC Allrights reserved.
Errors and omissions excepted. Std. Short Form_v.2010 Rev Mar-01-2016 (j

Sales Rep: Craig Brazel 117636.46911.0 Printed: 9/15/2016
Page -2- of 12

Each party has caused this Agreement to be executed by its authorized representative on the respective dates written below.

Constellation NewEnergy, Inc.

By: ' 4
Cruel 7 Dyna

David T. Donat

Vice President

2016-09-15
14:58-05:00

Name:
Title:

Address: 1221 Lamar St Suite 750
Houston, TX 77010
Ain: Contracts Administration
Fax: 838-829-8738
Phone: 888-635-0827

q
name: SSAMNES LO Qone piece
Tite: Meyoi-

Date: DRS) 2
Address: 229 MAIN ST

NASHUA, NH Oanaieese ay 50
Fax: G03 - sad -
Phone: GOSB-SSI-B2AGO
Email:

DonckessT @ nashuanhi, qu

FOR INTERNAL USE ONLY

©2016 Constellation Energy Resources, LLC Alirights reserved.
Errors and omissions excepted. Sid. Short Form_v.2010 Rev Mar-01-2016 0
Sales Rep: Craig Brazel 117636.46911.0 Printed: 9/15/2016

Page - 3- of 12

General Terms and Conditions

1. Definitions.

“Ancillary Services And Other 1SO Costs” means for any biling period the
applicable charges regarding ancillary services as set forth in the applicable
ISO Open Access Transmission Tariff ("OATT’) and for other ISO costs not
otherwise included in any of the defned cost components in this Agreement
We will reasonably determine your Accounts monihly Ancilary Services And
Other 1SO Costs based on the Accounts $/kWh share of costs for Ancilary
Services And Other ISO Costs or otherwise reasonable allocation method as
we may determine fom time to fme based on how Ancillary Services And
Other ISO Costs are assessed by the ISO.

“Auction Revenue Rights” means revenue credits resulfng from the annual
financial tansmission rights auction conducted by the ISO that are applicable
with respect fo transmission peak load contributon.,

“Capacity Costs” means a charge for fulfilling the capacity requirements for
the Account{s) imposed by the ISO or otherwise.

“Energy Costs” means a charge for the cost items included in the locafonal
Marginal Price for the ISO zone identified in the Account Schedule

“FERC Order 745 Costs” means any costs or charges imposed by the {SO in
accordance with complying with the provisions of Federal Energy Regulatory
Commission ("FERC*) in Order No. 745 18 CFR Part 35 (March 15, 2011).
Any modifcatons or conditions the treatment of FERC Order 745 Cos's
under the ISO tariff or otherwise shall be deemed a change in law pursuant fo
Section 5 of the General Terms and Condifons of this Agreement

“ISO” means fhe independent system operator or regional transirission
organization responsible for the service territory governing an Account, or any
successor or replacement entity.

“Line Loss Costs” means the costs (to fhe extent not already captured in the
applicable Energy Costs) applicable to each Account based on the kWh
difference between the UDC metered usage and the ISO seffement
volumes. if Line Loss Costs are “Fixed,” the Line Loss Costs are included in
fhe Energy Costs and will not be invoiced as a separate line item. if Line Loss
Costs are “Passed Through,” the Line Loss Costs wil be invoiced as a
Separate line item and calculated based on the applicable fxed price or
locational marginal price for the corresponding usage.

“Non Time Of Use” or "NTOU” means all hours of each day.

“Off Peak” means ali hours other than Peak hours.

“Peak” means the hours designated as peak from time fo fme by the UDC.
“Renewable Portfolio Standards Costs” means the costs associated with
meeting renewable portolio standards costs at the levels required by currently
applicable Law. If Renewable Porfolio Standards Costs are not included in
the contract price, such costs for a parfcular month will be the product of (i)
fhe Monthly RPS Price; and {i an Accounts monthly kWh usage. The
Monthly RPS Price is the price of renewable portiolio standards compliance
for the Account, for a particular month, fxed by reference to the renewable
portiolio standards forward price curve for the state where the Account is
located,

“Taxes” means all federal, siats, municipal and local taxes, dufes, fees,
levies, premiums or other charges imposed by any governmental authority,
direcly or indirectly, on or with respect to the electicity and related products
and services provided under this Agreement, including any faxes enacted
afer the daie we entered into this Agreement

“Transmission Loss Credits” means the credit amounts applicable the
Accounts under the ISO’s marginal joss construct.

“UDG” means your local electric distribution utility owning and/or controling
and trainiaining the distibufon system required for delivery of electricity to
the Accounts.

“UDC Charges” means all UDC costs, charges, and fees, due under UDC’s
delivery services rates associated wih your use of UDC’s distibution network,
all as defined by the UDC tariffs, and any similar orrelated charges the UDC
tray impose from fime to time

“Winter Reliability Program Costs" means those costs or charges that are
incurred by load serving entiies in the NE ISO service territory under the NE
ISO's “Winter Reliability Progran’ as proposed or implemented during the
fermof this Agreement If Winter Reliability Program Costs are fxed under
this Agreement, any material addifons, modifications or conditions to the
treatment of Winter Reliability Costs under the NE ISO tariff or otherwise fom
fhe applicable Winter Reliability Program as last accepted or approved by
FERC (or, if not yet accepted or approved, as last proposed by the NE {SO)
as of the date of this Agreement shall be deemed a Change in Law pursuant
fo Section 5 below.

2. Cash deposit and other security. At any fme, we may require that you
provide information to us so that we may evaluate your creditworthiness. We
reserve the right fo require that you make a cash deposit or provide other
security acceptable fo us if your financial obligatons to us increase under this
Agreement, or if, in our opinion, your credit, payment history, or ability to pay
your bills as they come due becomes a concern. You will deliver any required
cash deposit or oiher required security (or any increase therein) within three
(3) business days of our request

3. Default under this Agreement. You will be in default under this
Agreement f you fail to: pay your bills on ime and in ul: provide cash
depasits or other security as required by Secion 2 above; or perform al
material obligations under this Agreement and you do not cure such default
within 5 days of written notice ftom us; or if you declare or file for bankruptcy
or otherwise become insolvent or unable pay your debts as they come due.
We will be in default under this Agreement if we fail fo perform all material
obligafons under this Agreement and do not cure such default within 5 days
writen notice from you, or if we declare or file for bankruptcy or otherwise
become insolvent or unable to pay our debts as they come due.

4. Remedies upon default. If you are in default under this Agreement, in
addiion to any other remedies available t us, we may terminate this
Agreement entirely, or solely with respect fo those Accounts adversely
affected by such default, and switch your Accounts) back f UDC service
(consistent wih applicable regulations and UDC practices); and/or require that
you compensate us for all losses we sustain due to your default, induding the
following:

. payment of all amounts you owe us for electricity provided t you;

. when the Agreement is terminated early (entrely or as to certain
Accounts}, payment of an amount (that we will calculate using our reasonable
judgmen§ equal to the postive diference between (A) the dollar amount you
would have paid fo us under this Agreement had it not been terminated early
and {B) the dollar amount we could resell such electricily for fo a third parly
under then-current market condifons; and

‘ all costs (including aiorneys’ fees, expenses and court costs) we
incur in collecing amounts you owe us under this Agreement

The parfes agree that any early termination payment determined in
accordance with this Secion is a reasonable approximation of harm or loss,

FOR INTERNAL USE ONLY

©2016 Constellaton Energy Resources, LLC Allrights reserved.
Errors and omissions excepted. Std, Short Form_y.2010 Rev Mar01-2016
Sales Rep: Craig Brazel 117636.46911.0 Printed: 9/15/2016

Page - 4- of 12

and is not a penalty or punitive in any respect, and that neither party will be
required fo enter into a replacement transaction in order to determine or be
ented t a rmination payment

5. Changes in law. We may pass through or allocate, as the case may be, fo
you any increase or decrease in our costs related to the electricity and related
producis and services sold fo you that results from the implementation of new,
of changes (including changes to formula vate calculafons) to existing, Laws,
or other requirements or changes in administration or interpretation of Laws or
other requirements. “Law" means any law, rule, regulation, ordinance, statute,
judicial decision, adminisirafve order, ISO business practices or protocol,
UDC or ISO tarif, rule of any commission or agency with jurisdiction in the
Sfaie in which the Accounts are located. Such addifona! amounts wil be
included in subsequent invoices i you. The changes described in this Section
may change any or ail of the charges described in this Agreement, whether
described as “fixed,” “variable,” “pass-through” or otherwise. Your first bill
reflecting increased cosis will include a bill insert describing the increase in
costs in reasonable detail.

6. Events beyond either of our reasonable control. ifsomething happens
that is beyond either of our reasonable contro! that prevents either of us fom
performing our respecive obligations under this Agreement, then whichever
one of us cannot perform will be relieved from performance unfl the situation
is resolved. Examples of such events include: acts of God, fire, food,
hurricane, war, lerrorism, declaraton of emergency by a governmental enfiy,
the ISO or the UDC; curtailment disruption or interrupfon of electricity
transmission, distibufon or supply; regulatory, administrative, or legislative
acion, or action or restraint by court order or other governmental ently;
actons taken by third paries not under your or our control, such as the ISO or
a UDC. Such events shall not excuse failure make payments due in a
fmely manner for electricity supplied to you prior fo such event Further, if
such an event prevents or makes it impossible or impracticable for the
daiming partly carry out any obligafion under this Agreement due t the
events beyond effier of our reasonable contol for more than 30 days, then
whichever one of us whose performance was not prevented by such events
shall have the right to terminate the Agreement without penally upon 30 days’
writen notice the other.

7. UDC or ISO obligations. We will have no liability or responsibility for
maters within the control of the UDC or the 1SO-conirolled grid, which include
maintenance of electric lines and systems, service interrupions, loss or
terminafon of service, deterioration of electric services, or meter readings. .

8. Limitation on Liability. IN NO EVENT WILL EITHER PARTY OR ANY
OF ITS RESPECTIVE AFFILIATED COMPANIES BE LIABLE FOR ANY
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE
DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST OPPORTUNITIES
OR LOST PROFITS. Each party's total liability related to this Agreement,
whether arising under breach of contract, tort, strict fabilty or otherwise, will
be limited to direc, actual damages. Direct, actual damages payable to us will
reflect the early termination payment calculation in Secion 4. Each pary
agrees ‘0 use commercially reasonable efforts fo mitigate damages it may
incur. NO WARRANTY, DUTY, OR REMEDY, WHETHER EXPRESSED,
IMPLIED OR STATUTORY, ON OUR PART IS GIVEN OR INTENDED TO
ARISE OUT OF THIS AGREEMENT, INCLUDING ANY WARRANTY OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
USE.

9. DISPUTE RESOLUTION, THIS AGREEMENT WILL BE GOVERNED BY
AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE
IN WHICH ANY ACCOUNT IS LOCATED, WTHOUT GIVING EFFECT TO
ANY CONFLICTS OF LAW PROVISIONS, AND ANY CONTROVERSY OR
CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT WILL BE
SETTLED IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS
AGREEMENT BY A COURT LOCATED IN SUCH STATE. IF THE MATTER
AT ISSUE INVOLVES ACCOUNTS OR MATTERS IN MORE THAN ONE
STATE, THE GOVERNING JURISDICTION AND VENUE SHALL BE
DEEMED TO BE NEWYORK. TO THE EXTENT ALLOWED BY
APPLICABLE LAW, WE ALSO BOTH AGREE IRREVOCABLY AND
UNCONDITIONALLY TO WAIVE ANY RIGHT TOA TRIAL BY JURY OR TO
INITIATE OR BECOME A PARTY TO ANY CLASS ACTION CLAIMS WITH
RESPECT TO ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR
INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR
THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

10. Relationship of Parties. We are an independent contractor, and nothing
in this Agreement establishes a joint venture, fiduciary relationship,
parinership or other joint undertaking. We are not acting as your consultant or
advisor, and you will not rely on us in evaluaing the advantages or
disadvantages of any specific product or service, predicfons about future
energy prices, or any other matter. Your decision fo enter into this Agreement
and any ofher decisions or actions you may take is and will be based solely
upon your own analysis (or that of your advisors) and not on information or
stements from us.

11. Confidentiality. Consistent with applicable regulatory requirements, we
will hold in confidence all information obtained by us fom you related fb the
provision of services under this Agreement and which concern your energy
characteristics and use palierns, except that we may, consistent with
applicable law and regulation, disclose such informafon to our affiliates and
such afiliates’ ernployees, agents, advisors, and independent contractors.
Except as otherwise required by law, you will agree to keep confidential the
terms of our Agreement, including price.

12. Miscellaneous Provisions. f in any circurrstance we do not provide
noice of or object ip, any defavit on your part such situafon wil not
constitute a waiver of any future default of any kind. if any of this Agreement
is held legally invalid, the remainder will not be affected and will be valid and
enforced fo the fullest extent permitied by law and equity, and there will be
deemed substituied for the invalid provisions such provisions as will most
nearly carry out our mutual infent as expressed in this Agreement You may
not assign or otherwise transfer any of your rights or obligations under this
Agreement without our prior writen consent Any such atlempted transfer will
be void. We may assign our rights and obligafons under this Agreement,
This Agreement contains the enfre agreement between both of us,
supersedes any ofier agreements, discussions or understandings (whether
writen or oral) regarding the subject mater of this Agreement, and may not
be contradicted by any prior or contemporaneous oral or writen agreement
A facsimile or e-mailed copy with your signature will be considered an original
for all purposes, and you will provide original signed copies upon request
Each parly authorizes the other party to afix an ink or digital stamp of fis

FOR INTERNAL USE ONLY

©2016 Constellation Energy Resources, LLC Allrights reserved.
Errors and omissions excepted. Std. Short Form_v.2010 Rev Mar-01-2016 0
Sales Rep: Craig Brazel 117636.46911.0 Printed: 9/15/2016

Page - 5- of 12

Signature in this Agreement, and agrees to be bound by a document executed
in such a manner. The partes acknowledge that any document generated by
the pares wih respect fo this Agreement, induding this Agreement, may be
imaged and siored electronically and such imaged documents may be
intoduced as evidence in any proceeding as if such were original business
records and neither party shall contest their admissibility as evidence in any
proceeding. Except as otherwise explicily provided in this Agreement, no
amendment (induding in form of a purchase order you send us) i itis
Agreement wil be valid or given any effect unless signed by beth of us.
Applicable provisions of this Agreement will continue in effect afer termination
or expiraton of this Agreement to the extent necessary, induding those for
biling adjustments and payments, indermifcafon, limitations of liabiity, and
dispute resolufon. This Agreement is a “forward contract’ and we are a
“forward contract merchant’ under the U.S. Bankruptcy Code, as amended.
Furher, we are not providing advice regarding "commodity interests",
including futures contracts and commodity opfons or any other mater, which
would cause us fo be a commodity trading advisor under the U.S. Commodity
Exchange Act, as amended.

FOR INTERNAL USE ONLY

©2016 Constellation Energy Resources, LLC Allrights reserved.
Errors and omissions excepted. Std. Short Form_v.2010 Rev Mar01-2016 0
Sales Rep: Craig Brazel 117636.46911.0 Printed: 9/15/2016

Page - 6 - of 12

CCOUNT SCHEDULE:

For, City of Nashua NH

The Pricing set forth below is only valid until 5:00 PM Eastern Prevailing Time on September 15, 2016

We shail have no obligation to enroll or supply electricity to any account(s) that are not identified on the Account Schedule be low.
Please verify that your specific information is COMPLETE and ACCURATE.
Your review and acceptance of this information will help ensure accurate future invoices

Notes: Accounts or Service Addresses listed in the Account(s} Schedule may be updated or replaced with a new account number issued by the
UDC, ISO or other entity.

No. of Service Accounts: 145

Energy Price
Start End Non TOU
ag UDC Account Number Service Address Date Date ($/kWh)
PSNH | 56003941028096011005 COTTON RD, Nashua, NH 03063 1UABI7 | 12/13/20 $0.07010
PSNH | 56003941028212570004 W Hollis St, Nashua, NH 03060 41/08/17 | 12/09/20 $0.07010
WOODLAWN CEMETERY /107
KINSLEY ST, Nashua, NH
PSNH | 56003941028428770001 030603706 14/07/17 | 12/08/20 $0.07010
GRAND AVEBASKETBALL
PSNH | 56003941028468980008 COURT, Nashua, NH 03060 11/07/17 | 12/08/20 $0.07040
PSNH | 56003941028472690002 W HOLLIS ST, Nashua, NH 03060 WW27/17 | 12/27/20 $0.07010
PSNH | 56003941028492680004 Conant Rd, Nashua, NH 03060 V1M4/17 | 12/44/20 $0.07010
ALMONT ST
BISHOPGURTIN@LUND RD,
PSNH | 56003941028645660008 Nashua, NH 03060 WATN? | 12/08/20 $0.07010
11Riverside Dr, Nashua, NH 03062-
PSNH | 56003941028694817006 1373 41/14/47 | 12/14/20 $0,07010
168 Main St, Nashua, NH
PSNH | 56003941028760901001 030602728 41/27/17 | 12/27/20 $0.07010
MANCHESTER 5ST, Nashua, NH
PSNH | 56003941028951360001 03064 11/2717 | 12/27/20 $0.07010
Shakespeare Rd, Nashua, NH
PSNH | 56014641013125901004 03062 11/09/17 | 42/10/20 $0.07010
PSNH_ | 56030121040043950008 DW HIGHWAY, Nashua, NH 03060 V/27/17 | 12/27/20 $0.07010
PSNH | 56030121040328560007 MILFORD ST, Nashua, NH 03064 14/28/17 | 12/28/20 $0.07010
TRESTLE BROOK, PUMP
PSNH | §6030121040331111001 STATION, Nashua, NH 03060 ViM4i7 } 12/14/20 $0.07010
PSNH | 56030121040390980009 AMHERST ST, Nashua, NH 03064 1/077 | 12/08/20 $0.07010
PSNH | 56030121040447460006 NATIONAL ST, Nashua, NH 03060 4/077 | 12/08/20 $0.07010
PSNH | 56030121040633360005 WATSON ST, Nashua, NH 03064 1277 | 12/27/20 $0.07010
PSNH | 56030121040649390006 AMHERST ST, Nashua, NH 03064 14/22/17 | 12/22/20 $0.07010
SILVER DR @ DANIEL WEBSTER
PSNH | 56030121040651770003 HWY, Nashua, NH 03060 11/227 | 12/22/20 $0.07010

FOR INTERNAL USE ONLY

©2016 Constellation Energy Resources, LLC Alfrights reserved.
Errors and omissions excepled. Std, Short Form_v.2010 Rev Mar-)1-2016 0)
Sales Reo: Craig Brazel

117636,46911.0 Printed: 9/15/2016

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