GENERATION PROJECT
OPERATION AND MAINTENANCE AGREEMENT
This OPERATION AND MAINTENANCE AGREEMENT ("Agreement") is
made and entered into as of _____ by and between City of Nashua, New Hampshire, a
municipal corporation ("OQwner" or “City”), and Essex Power Service, Inc. a Delaware
corporation, ("Operator"), each referred to as a “Party” and collectively as “Parties”.
RECITALS
WHEREAS, Owner owns Jackson Mills which is a 1 MW hydropower facility
and dam on the Nashua River in Nashua, New Hampshire, with a FERC license
exemption (Project number 7590),
WHEREAS, Owner has the right to purchase Mine Falls which is a 3 MW
hydropower facility and dam on the Nashua River in Nashua, New Hampshire, which is
licensed by FERC (Project number 3442),
WHEREAS, Owner desires to contract for operation, maintenance and
management of Jackson Mills and, immediately upon transfer to the City, of Mine Falls
(unless otherwise noted, “Project” shall refer to both),
WHEREAS, Operator provides operation, maintenance and management services
for hydroelectric generating facilities and associated equipment facilities and has agreed
to provide those services for the Project on the terms and conditions set forth in this
Agreement,
NOW THEREFORE, in consideration of the mutual covenants, undertakings and
conditions set forth below, the receipt and sufficiency of which are hereby acknowledged,
the parties hereby agree as follows:
ARTICLE 1
AGREEMENT
Section 1.1 - Agreement. This Agreement consists of the terms and conditions set
forth in the sections captioned by numbered article designations (“Articles”) and the
following appendices, which are incorporated and made part this Agreement by this
reference and are included in any reference to this Agreement.
Appendix A - Scope of Services
Appendix B — Reimbursable Costs and Compensation
Appendix C - Communication Protocols
Appendix D — Project Agreements
