In the event of a conflict between the terms of the Proposal or the Field Services Protocol and the terms of this
Agreement or the General Conditions, a written change order and/or fully executed Purchaser Purchase Order, the
terms of this Agreement, the General Conditions, the written change order or the fully executed Purchaser
Purchase Order shall control over the terms of the Proposal or Field Services Protocol.
2. Supplier’s Obligations
The Supplier undertakes and agrees to:
2.1 perform the Work within the scope specified in the Contract Documents
For: Project: Jackson Mills Hydroelectric Project
Agreement No.: 0-29029
Project Site: Jackson Falls Dam on the Nashua River, City of Nashua, NH, USA.
2.2 do and fulfill everything indicated by the Contract, as applicable to the Supplier; and
2.3 commence the Work on the Commencement Date, which will be the later of the Effective Date and
the receipt of Milestone Payment No. 1, and deliver the Equipment to the Project Site according to
the Contract Times, as may be adjusted, as outlined in Article 6;
3. Purchaser’s Obligations
The Purchaser undertakes and agrees to:
3.1 do and fulfill everything indicated in the Contract Documents as applicable to the Purchaser; and
3.2 make payments to the Supplier in a timely manner in the amounts and times specified in the
Milestone Schedule set forth in Article 8.1.1 of this Agreement.
4. Prior Agreements and Amendments:
4.1 The Contract Documents supersede all prior communications, negotiations, representations, or
agreements, either written or oral, relating in any manner to the Work, including the bidding or
proposal documents that are not expressly listed in Article 1 of the Agreement.
4,2 The Contract may be amended only as provided in the Contract.
5. Subject of the Contract
The subject of the Contract is the design, fabrication and delivery of the Equipment such as but not
limited to the turbine, generator, related equipment and technical documentation and provision of
technical assistance at the Project Site (Field Services) during the installation and commissioning of the
Equipment {the “Work”) as set forth in detail in Part 2 of the Contract Documents.
6. Delivery Schedule
