in the Work budget and added to the contingency line item or the Contract Price reduced by
that amount.
5.11 Utilities
The Customer shall provide and pay for water, heat, fuel and utilities consumed by ESCO or
in any additional equipmentthat may be used by ESCO during performance of the Work,
including, for example, generators. ESCO shall install and pay for any facilities or
modifications not already in existence that are necessary to access such water, heat, and
utilities during the Work.
5.12 Concealed or Unknown Conditions
lf ESCO finds conditions during the Work that are subsurface or otherwise concealed
physical conditions that differ materially from those indicated on the drawings or are
unknown physical conditions of an unusual nature that differ materially from those
conditions ordinarily found to exist and generally recognized as inherentin similar
construction activities, ESCO shall notify Customer of such conditions promptly, prior to
significantly disturbing the same, and in no event later than one (1) business day after first
observing the conditions.
Such conditions may include, but are not limited to, water damage, termite damage, or
structural building defects. If such conditions differ materially and cause an increase in
ESCO’s cost of, or time required for, performance of any part of the Work, ESCO shall
submit a written estimate of the material and labor cost increase and time delay. If the
Customer concurs wih the need, cost estimate, and time delay, Customer and ESCO shall
make an equitable adjustmentin the Contract Price or Time for Performance and Final
Completion, or both. Pursuant to Section 5.08 above, ESCO shall not be entitled to
damages for delay beyond Customers control.
5.13 Casualty, Condemnation, Damage
If any fire, flood, other casualty, or condemnation renders a portion of any property
described in Attachment 1 - Final Investment Grade Audit unsuitable for habitation or
destroys a substantial part of the area within which the Work is to be performed or which
the Work affects, the Customer and ESCO may terminate or modify this Contract by mutual
agreement. The Customer shall pay ESCO for all Work completed to the date of
termination. If any materials or equipment are damaged by the negligence or willful
misconduct of an employee, agent or invitee of Customer, Customer shall repair or replace
said item within a reasonable period of time, or, adjust the Contract Price to pay for repair or
replacement or adjust Time for Performance and Final Completion, or both.
5.14 Standards of Service and Comfort
The facility performance requirements of service and comfort applicable to the Premises for
heating, cooling, hot water, ventilation and lighting are stated in Attachment 8 - Standards of
Comfort (“Standards of Comfort”) and shall apply throughout the Contract. If ESCO is
unable to meet these Standards of Comfort for any reason, the Customer and ESCO shall
mutually agree upon an appropriate adjustment to Energy Savings, the price paid for the
Work or any corrective measures that shall be provided and paid for byESCO.
15 ESCO Contract — Nashua Schools & EEI, Inc.
