in practical effect to waive any statutory immunity or statutory limitation of liability of
Customer from claims of any third party, or to impose any further or additional liability to
ESCO, that Customer is or would be subject to in a direct claim by such third party.
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 elsewnere.”
32 ESCO Contract — Nashua Schools & EEI, Inc.
