management, monitoring and verification services as described in Attachment 3 - Project
Cost. The continuing payment for monitoring and verification services and any operating
services described in Attachment 2 - Maintenance and Service Agreement shall be a
condition for the continuing effectiveness of the Performance Guarantee.
If requested by the customer the ESCO shall provide full disclosure of all costs relating to
the Work, including costs to subcontractors and vendors. ESCO shall provide a list of direct
costs including copies of purchase orders (PO’s) for vendors and subcontractors and a
breakdown of indirect costs associated with the project if requested by the customer.
4.2 Late Payment
Interest shall accrue on any past due balances owed to either party hereunder, including for
the Work or pursuant to the Performance Guarantee, at the rate of zero percent (0%) per
month (or the highest rate not prohibited by law), whichever is lower. This remedy shall be in
addition to, and not exclusive of, any other remedy available under this Contract or
applicable law.
4.3 Contract Termination
This Contract shall be effective and binding on the parties when the financing condition in
the Preamble is met. Unless otherwise terminated, including pursuant to Section 7.0 of this
Contract, or agreed to in writing pursuant to this Contract, this Contract shall terminate upon
completion of the Measurement and verification during finance term.
Following Project Acceptance, Customer may terminate this contract without cause by giving
ESCO at least 30 days’ witten notice. Termination of the Contract shall render the
Performance Guarantee null and void, and ESCO shall have no further obligation with
respect to the M&V Plan and Performance Guarantee.
9 ESCO Contract — Nashua Schools & EEI, Inc.
