employment practices or prohibiting employment discrimination and unfair labor practices.
ESCO shall not discriminate in the delivery of services against any person who otherwise
meets the eligibility criteria for services, or in the hiring of any applicant for employment nor
shall any qualified employee be demoted, discharged or otherwise subject to discrimination
in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of
their employment because of race, color, national origin, ancestry, age, sex, religion,
disability, status as a Vietnam Era Veteran, sexual orientation or for exercising any rights or
benefits afforded by lawincluding the requirements of Federal Executive Orders 11246,
11625, 11375 and 11830 and Title 28 Chapter 5.1.
9.4 Prevailing Wage Rate
NWA
9.5 Appropriations
The Customer reasonably believes that funds can be obtained sufficient to make all
payments due to ESCO under this Contract. The Customer hereby covenants that it will
make reasonable and diligent efforts to obtain and maintain funds from which such
payments may be made, including making provisions for such payments to the extent
necessary in each annual or supplementary budget submitted for the purpose of obtaining
funds, and using reasonable efforts to have such portion of the budget approved. Nothing
herein shall obligate the Customer to institute legal action before any court, to commence
proceedings before any forum, or to institute proceedings in the nature of mandamus
against any public official in attempting to obtain said funds.
96 Laws, Regulations, Ordinances and Standard Practices
ESCO shall perform its obligations hereunder in compliance with any and all applicable
federal, state, and local laws, regulations, ordinances and by-laws, including applicable
licensing and permitting requirements, in accordance with sound engineering and safety
practices, and in compliance with any and all reasonable rules or policies of the Customer
relative to the properties. ESCO shall be responsible for obtaining all governmental pemmits,
licenses, consents, and authorizations as may be required to perform its obligations
hereunder (see also Section 5.10 regarding permits and fees pertaining to the Work).
9.7 Access and Inspection
Customer shall have access to inspect, upon reasonable notice, the Work and the books,
records, and other compilations of data which pertain to this Contract. Records shall be kept
on a generally recognized accounting basis and calculations kept on file in legible form.
Records shall be saved or archived by ESCO for a period of three (3) years after the
termination of this Contract and shall be kept or made available within NewHampshire.
ESCO shall have access, upon reasonable notice to the Customer, to inspect the property
to assess the condition and operation of material and equipment installed.
9.8 Ownership Rights
All drawings, reports and other materials prepared by ESCO specifically in performance of
29 ESCO Contract — Nashua Schools & EEI, Inc.
