Finance Committee

agents, employees, representatives, or contractors shall not use such materials and
documents for any purpose other than performance of the Services, without Owner's prior
written approval. All such materials and documents, together with any materials and
documents furnished to Operator, its agents, employees, representatives, or contractors by
Owner, shall be delivered to Owner upon expiration or termination of this Agreement and
before final payment is made to Operator.

ARTICLE 11
LIMITATIONS OF LIABILITY

Section 11.1 - Limitations Of Liability.

ARTICLE 10
INDEMNIFICATION AND LIABILITIES

Section 10.1 - Jndemnification.

licensed by the State of New Hampshire. The insurer must have a A.M. Best’s rating of
A or higher. General Liability, Employers’ Liability and Auto Liability policies must
name the City of Nashua as an additional insured and reflect on the certificate of
insurance.

ARTICLE 9
INSURANCE

Section 9.1 - Coverage.

(a) Obligation to Obtain. Owner and Operator shall obtain and maintain the
insurance set forth in Sections 9.1(b) and 9.1(c). Such insurance may be maintained
under individual or blanket insurance policies.

(b) Operator Coverage. Operator shall maintain during the term of this
Agreement insurance with limits and coverage provisions not less than the limits and
coverage provisions set forth below:

become or remain the property of Owner without additional charge, excepting those
items identified in Schedule 8.7, attached to this agreement. Owner shall also have the
right, in its sole discretion, to assume and become liable for any contracts or obligations
that Operator may have undertaken with third parties in connection with the Services.
Operator shall provide Owner with a status of the Services and any projects ongoing at
the Project. Operator shall cooperate in taking all reasonable steps requested by Owner

Laws applicable to the Services or the Project, where the violation has or may have a
material adverse effect on the maintenance or operation of the Project or Owner's interest,
and Operator does not cure such violation within 30 days (or, if not curable within 30
days, within such period of time as is reasonably necessary, but in no event more than
120 days, provided Operator diligently commences and pursues such cure and
indemnifies Owner for all related costs, of whatever kind), or (ii) of a material breach by

(c) Expenditures. Make or consent or agree to make any expenditure for
equipment, materials, assets or other items which would be a Reimbursable Cost, except
in conformity with the Annual Budget; provided, however, that solely in connection with
actions taken by Operator pursuant to Sections 3.8 (Emergency), 3.9 (Extraordinary
Circumstances), Operator may, without prior approval from Owner, make limited
expenditures outside the Annual Budget in accordance with those provisions;

include a comparison of such items to the corresponding values for the preceding month
and for the corresponding portion of the previous Contract Year, a listing of any
significant operating problems along with immediately planned remedial actions, and a
brief summary of major activities planned for the next reporting period, and (ii) a
statement setting forth all Reimbursable Costs paid or incurred in such month, which
statement shall itemize, in detail acceptable to Owner, the computation of such

(c) Changes. Operator shall notify Owner as soon as reasonably possible of any
significant deviations or discrepancies from the projections contained in the Annual
Budget or Annual Project Operating Plan.