Finance Committee

12 Succession

The Contract Documents shall inure to the benefit of and be binding upon the Parties hereto, their
respective heirs, legal representatives, successors and assigns.

13 Jurisdiction

9.3 subject to any applicable legislation, the title to any and all materials, equipment and supplies
provided by the Supplier for incorporation into the Work are and will be free from any and all claims,
liens, charges, encumbrances or security interests if any kind whatsoever; and

9.4 the Supplier owns or has the right to use all intellectual property rights, licenses, franchises, and
permits necessary to perform the Work without conflict with the rights of others.

Nashua, NH 03060 USA

Please do not submit invoices both electronically and paper copy

8.3 Payments will be made by wire transfer or by check issued to Mavel Americas, Inc.

If mailed to: Mavel Americas, Inc.
121 Mount Vernon Street
Boston, MA 02108 USA
Attn: Jeanne L. Hilsinger

if by wire transfer to: Account Holder: Mavel Americas, Inc.
Bank: First Republic Bank
Account No: 80003586013
ABA: 321081669

Milestone Payment Schedule

No. | Payment Milestone Percentage
of Total

1 Initial Payment within 10 days of the Contract signing 10%

2 Delivery of Design Documents / Start of Production 20%

3 Equipment 50% Complete 20%

4 Embedded Parts Ready to Ship 10%

5 Equipment 100% Ready to Ship 25%

6 Earlier of Delivery of Equipment or 90 days from Milestone 5* 5%

7 Earlier of Commercial Operation or 180 days from Milestone 5* 5%

8 Earlier of Final Completion or 240 days from Milestone 5* 5%
Total 100%

6.1

6.2

6.3

The Supplier will deliver the Equipment according to the Delivery Times in the following Delivery
Schedule below:

Preliminary Design: 8 weeks from Commencement Date
Detailed Design: 12 weeks from Commencement Date
Embedded Parts: 48 weeks from Commencement Date
Turbine: 48 weeks from Commencement Date
Generator: 48 weeks from Commencement Date

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:

www.mavel.com

AGREEMENT No: 0-29029

THIS AGREEMENT for the supply of Equipment made this day of 2020, the Effective Date

BETWEEN: City of Nashua
229 Main Street
Nashua, NH 03060
(herein called the “Purchaser”)

OF THE FIRST PART

AND: Mavel Americas, Inc.
121 Mount Vernon Street
Boston, MA 02108 USA
(herein called the “Supplier”)
OF THE SECOND PART

The Purchaser and Supplier are herein referred to, individually, as a “Party” and, collectively, as the “Parties”.

January 2020, and they have assisted in negotiating some of the technical details contained in the
Mavel contract documents.

Gi ty of Nashua Planning an Development
Community Development Division Bulding Safely
City Hall, 229 Main Street, PO Box 2019 Transpo terion Department
Nashua, New Hampshire 03061-2019 Waterways

www nashuanh.gov

589-3095
589-3090
589-3080
589-3100
589-3085
880-0100
§89-3092
589-3479

Date: April 3, 2020

To: John Griffin, CFO; Kim Kleiner, Admin Services Director;
Daniel Kooken, Purchasing Manager

From: Sarah Marchant, Community Development Division Director

City of Nashua Central Purchasing Department
ADMINISTRATIVE SERVICES DIVISION

EX] Request to Include on Finance Committee Agenda

Date of Request: 4/8/20

Proposed Finance Meeting Date:

Project or Item Title:
Amount: $1,271,700

Lawson RO#

Or Lawson

POF if

Change

Order

Funding Description: __ Bond

Accounting (Finance Committee):

4/15/20

_] Request to Solicit Bid or Proposal

Mavel Turbine, Generator, Controls for Jackson Falls Turbine Replacement

Acctg Unit