1) Performance and payment bonds shall secure 100% of the Contract Price (these
bonds apply only to the Work to be performed, and do not cover any
guaranteed savings)
Any performance and payment bonds shall be maintained in full force and effect by ESCO
until Project Acceptance. Customer agrees that upon Project Acceptance any performance
and payment bonds shall be released and any obligations arising thereunder shall be
terminated. AIA bond forms may be employed.
This Agreement shall be governed and construed in accordance with the law of the State of New Hampshire and
any action in law or in equity concerning any dispute arising out of this Agreement, the obligations performed or to
be performed thereunder, or in any way referable thereto shall be brought in the New Hampshire Superior Court
for the Southern Judicial District of Hillsborough County or in the New Hampshire 9th Circuit Court situated in
Nashua, New Hampshire and not elsewhere.”
27 ESCO Contract — Nashua Schools & EEI, Inc.
