5. The Work
5.1 Time for Performance and Project Acceptance
Customer shall send the Notice to Proceed to ESCO on closing financing. The Notice to
Proceed shall clearly identify which measures, defined in the Final Investment Grade Audit,
the ESCO should proceed with. ESCO shall begin Work within thirty (30) days of receiving
the Notice to Proceed. ESCO shall substantially complete the Work consistent with the
schedule set forth in Attachment 2 - Maintenance and Service Agreement. Extension of
dates to commence or complete Work shall be granted at the sole discretion of the
Customer except as otherwise provided herein. Customer shall not unreasonably withhold
approval for an extension of dates to commence or complete Work if the cause for an
extension is pursuant to Sections 5.03, 5.06, 5.08, 5.12, 5.13, or 9.02.
When all of the ECMs/OCMs are implemented, all items on the Checklist for Project
Acceptance in the form provided in Attachment 11 — Final Acceptance are complete, and all
items that Customer previously deemed not to be in compliance with the requirements set
forth in this Contract have been corrected, ESCO shall submit and deliver to Customer a
Delivery and Acceptance Certificate Upon Final Completion in the form provided in
Attachment 10 — Substantial Completion evidencing in reasonable detail that all items on the
Checklist for Project Acceptance located in Attachment 11 - Final Acceptance are complete
and that all items that Customer deemed not to be in compliance with the requirements set
forth in this Contract have been corrected and which shall also be accompanied by a Final
Commissioning Report.
Upon receipt by Customer of Delivery and Acceptance Certificate Upon Final Completion,
Customer shall have thirty (30) days to complete review of the ECMs/OCMs in accordance
with the Guidelines for Project Acceptance in the form provided in Attachment 11 - Final
Acceptance. The Customer shall notify the ESCO of each item that does not satisfy the
Guidelines for Project Acceptance within thirty (30) days of receipt of the Delivery and
Acceptance Certificate upon Final Completion Form or Final Completion will be deemed to
have been achieved.
The Customer reserves the right to reject the work if installation fails to meet reasonable
standards of workmanship, does not comply with applicable building codes or is otherwise
not in compliance with the terms of this Contract. Upon correcting all items identified by
Customer as not satisfying the Guidelines for Project Acceptance, ESCO shall submit and
deliver to Customer a new Delivery and Acceptance Certificate upon Final Completion.
Customer shall have an additional twenty-one (21) days to complete review of the
ECMs/OCMs in accordance with the Guidelines for Project Acceptance upon receipt of a
new Delivery and Acceptance Certificate upon Final Completion.
Project Acceptance shall be evidenced by the Customer submitting and delivering to the
ESCO the Delivery and Acceptance Certificate Upon Project Acceptance in the form
provided in Attachment 11 - Final Acceptance, the delivery of which will indicate that the
Final Commissioning Report.
In the event that Attachment 2 - Maintenance and Service Agreement includes a provision
for liquidated damages in the event that ESCO does not attain Final Completion by the date
of Final Completion, then such liquidated damages shall be Customer's sole remedy for any
such delay in the completion of the Work.
10 ESCO Contract — Nashua Schools & EEI, Inc.
