Operations/Maintenance: dsherman@essexhydro.com
with a copy to: alocke@essexhydro.com
To Owner:
By mail:
City of Nashua
Attention: Deb ChisholmWaterways Manager
229 Main Street
Nashua, New Hampshire 03060
With a copy to:
City of Nashua
Office of Corporation Counsel
Attention: Celia K. Leonard, Esq.
229 Main Street
Nashua, New Hampshire 03060
By electronic mail:
ChisholmD@nashuanh.govleonardc@nashuanh. gov
Section 14.9 - Fines And Penalties. If during the term of this Agreement any
governmental or regulatory authority or agency assesses any fines or penalties against
Operator or Owner arising from Operator's failure to operate and maintain the Project in
accordance with applicable Laws without Owner's prior written consent, such fines and
penalties shall be the sole responsibility of Operator and shall not be deemed a
Reimbursable Cost.
Section 14.10 - Representations And Warranties. Each party represents and warrants to
the other party that:
(a) such party has the full power and authority to execute, deliver and perform this
Agreement and to carry out the transactions contemplated hereby;
(b) to the best of such party's knowledge, the execution, delivery and performance
by such party of this Agreement, does not and will not materially conflict with any legal,
contractual, or organizational requirement of such party; and
(c) there are no pending or threatened legal, administrative, or other proceedings
that if adversely determined, could reasonably be expected to have a material adverse
effect on such party's ability to perform its obligations under this Agreement.
Section 14.11- Counterparts. The parties may execute this Agreement in
counterparts, which shall, in the aggregate, when signed by both parties constitute one
instrument. Thereafter, each counterpart shall be deemed an original instrument as
against any party who has signed it.
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