Costs for such month in accordance with Subsection 5.2(a). Administrative fee shall be
billed quarterly in the March, June, September and December invoices. REC payments
are not made until six months after they are created (i.e. RECs created in January,
February and March are not sold until September) Within 30 days after receipt of any
such invoice, Owner shall:
from time to time, for all Reimbursable Costs or (ii) pay such Reimbursable Costs
directly to the applicable third parties.
Section 5.2 - Administrative Fee. Refer to Appendix B which is incorporated
herein.
ARTICLE 4
OWNER RESPONSIBILITIES
Such assistance shall include providing reports, records, logs and other information that
Owner may reasonably request as to the Project or its operation. Operator also shall file
such reports, notices, and other communications as may be required by any governmental
agency regarding the Project. Owner shall review and approve all such filings prior to
submittal.
"Services" has the meaning set forth in Article 3.1.
ARTICLE 3
SERVICES
Section 3.1 - Scope of Services. Operator shall (i) operate, maintain and manage
the Project on behalf of Owner as described in this Agreement, including Appendix A
and (ii) also perform the specific duties set forth in this Agreement if they are not
otherwise required by the standards defined in Section 3.2 (collectively, “Services”).
calendar year. It is understood that REC payments typically are made four to six months
after they are created (i.e. Gross Revenue for the second quarter (April, May and June) of
the calendar year, shall include REC revenues from generation during the last three
months of the prior calendar year, October, November and December).
"Annual Budget" has the meaning set forth in Section 6.2(a).
"Annual Project Operating Plan" has the meaning set forth in Section 6.2.
If the terms and conditions of the Articles of this Agreement vary or are inconsistent with
any portion of the Appendices, the terms of the Articles of this Agreement shall control
and be given priority, and the provisions of the Appendices shall be subject to the terms
of the Articles. This Agreement contains the entire agreement between the parties and
supersedes all prior agreements, whether oral or written, between the parties with respect
to the subject matter of this Agreement. Neither party will be bound by or be deemed to
GENERATION PROJECT
OPERATION AND MAINTENANCE AGREEMENT
This OPERATION AND MAINTENANCE AGREEMENT ("Agreement") is
made and entered into as of _____ by and between City of Nashua, New Hampshire, a
municipal corporation ("OQwner" or “City”), and Essex Power Service, Inc. a Delaware
corporation, ("Operator"), each referred to as a “Party” and collectively as “Parties”.
RECITALS
« Community Development 589-3095
Cc ity of N ash lia Planning and Zoning 589-3090
. soe Building Safe’ 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Ce aerate amission B-a108
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119
Date: December 4, 2019
To: Jim Donchess, Mayor
From: Sarah Marchant, Community Development Director
