Agenda

1) Performance and payment bonds shall secure 100% of the Contract Price (these
bonds apply only to the Work to be performed, and do not cover any
guaranteed savings)

Any performance and payment bonds shall be maintained in full force and effect by ESCO
until Project Acceptance. Customer agrees that upon Project Acceptance any performance
and payment bonds shall be released and any obligations arising thereunder shall be
terminated. AIA bond forms may be employed.

injury to or destruction of tangible personal property, or to failures of the Work, including the
loss of use resulting therefrom, and is caused, in whole or in part, by any negligent act, error
or omission of ESCO, any consultant or associate thereof, anyone directly or indirectly
employed by ESCO. ESCO shall submit a Certificate of Insurance and policy endorsement
verifying said coverage upon execution of this Agreement and also any notices of renewals
of such policy as they occur.

8.6 Environmental Impairment Liability Insurance

8. Insurance and Bond Requirements

8.1 Worker's Compensation Insurance
ESCO shall provide during the life of this Contract Worker's Compensation Insurance as
follows:
1) Workers Compensation Coverage A = Statutory Minimum
Employer's Liability Coverage B $500,000 each accident
2) $500,000 disease peremployee
3) $500,000 disease policy

8.2 Comprehensive General Liability

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the Customer demanding that such failure be cured or, if cure cannot be
effected in thirty (30) days, the Customer fails to begin to cure and proceedto
completion thereof as quickly as is reasonably possible.

ESCO Contract — Nashua Schools & EEI, Inc.

thirty (30) days, ESCO fails to begin to cure and proceed to completion
thereof as quickly as is reasonably possible;

7. Obligations of the Parties
7.1 Qbligations of ESCO

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equipment installed if different from requirements furnished upon installation or
if changes in technology or procedures affecting the equipment could extend
the useful life of the equipment or increase the conservation efficiency,

2) An overview of new technology or additional conservation measures for
the Customer to consider.

ESCO Contract — Nashua Schools & EEI, Inc.

to honor the Performance Guarantee with respect to any portion of the Work in the event the
Customer: (i) fails to authorize a reacceptance test or recommissioning that ESCO
reasonably deems necessary in order to prevent a savings shortfall with respect to such
portion of the Work; (ii) fails to provide access to a site were such portion of the Work was
performed as required herein, (iii) fails to service and maintain all equipment associated with
such portion of the Work in accordance with the manufacturers’ recommendations in order

AND REPRESENTATIONS SET FORTH IN THIS CONTRACT MAY ONLY BE MODIFIED
OR SUPPLEMENTED IN A WRITING EXECUTED BY A DULY AUTHORIZED
SIGNATORY OF EACH PARTY.

6.2 Evaluation of Savings Achieved

6. Performance and Evaluation Subsequent to Work
6.1 Workmanship and Equipment Warranty