Preamble
This Energy Performance Contract (hereinafter “Contract”) is entered into as of (“Effective
Date”) by _EEl, Inc. (hereinafter “ESCO”), a corporation having its principal offices at, with
offices at, 19 D Star Drive, Merrimack, NH 03054 and Nashua School District (hereinafter
“the Customer’), having its principal offices at 141 Ledge St, Nashua, NH 03060 for the
purpose of furnishing equipment and work specified herein (“Work”) designed to improve
energy efficiency and reduce operating costs at Customer properties (hereinafter the
“Premises’) listed in the Final Investment Grade Audit in Attachment 1.
This Contract is conditional on the Customer obtaining financing from a reasonably
acceptable lender or lessorin an amount not less than the Contract Price in Attachment 3 -
Project Cost on terms satisfactory to the Customer, provided Customer shall diligently
pursue such financing on such terms as are customary, reasonable and in compliance with
pertinent laws and regulations including, without limitation, financing arranged by ESCO.
2 ESCO Contract — Nashua Schools & EEI, Inc.
