Contract and has no outstanding and delinquent debt owed to the State of New Hampshire
or any political subdivision thereof,
(viii) ESCO has not directly or indirectly participated in any collusion or otherwise taken any
action in restraint of full competitive bidding with respect to this Contractor the solicitation
process leading to this Contract; and
(ix) ESCO has not paid, and agrees not to pay, any bonus, commission, fee or gratuity to
any employee or official of the state or municipal government or the Customer for the
purpose of obtaining this Contract or any other contract or award and thatno commissionor
other payment has been or will be received from or paid to any third party contingent upon
the award of any contract except as previously communicated to the Customer in writing
(and ESCO acknowedges that subsequent discovery of non-compliance with this provision
constitutes sufficient cause for immediate termination of this Contract and other remedial
action).
3.3 Representations and Warranties of the Customer
Customer hereby represents and warrants that:
(i) It is a tax exempt entity and, therefore, the Work required by this Contract may be subject
to tax exemption for New Hampshire sales or use tax purposes upon compliance with the
appropriate process.
7 ESCO Contract — Nashua Schools & EEI, Inc.
