Common use of Special Condition Clause in Contracts

Special Condition. THE CONTRACTOR SHALL PROMPTLY REPORT VERBALLY TO THE LOCATION'S CONTRACT ADMINISTRATOR AND IN WRITING TO CON EDISON ALL ACCIDENTS WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT, WHETHER ON OR ADJACENT TO THE WORK SITE, WHICH RESULTS IN DEATH, INJURY OR PROPERTY DAMAGE; GIVING DETAILS AND STATEMENTS OF WITNESSES. IN ADDITION, IF DEATH OR SERIOUS INJURY OR DAMAGE IS CAUSED, THE CONTRACTOR SHALL IMMEDIATELY REPORT THE ACCIDENT DIRECTLY TO THE LOCATION'S CONTRACTOR ADMINISTRATOR. . ACKNOWLEDGEMENT . IF THE FOREGOING IS ACCEPTABLE TO YOU, SO INDICATE BY HAVING A COPY OF THIS PURCHASE ORDER SIGNED BY A DULY AUTHORIZED REPRE- SENTATIVE OF YOUR FIRM AND RETURNED TO CON EDISON, BUYER . ACCEPTED AND AGREED TO . FOR: . **PURCHASE ORDER** PAGE 7 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 BY: . TITLE: . DATE: COMMITMENT TO ENVIRONMENTAL EXCELLENCE ====================================== OUR CORPORATE ENVIRONMENTAL POLICY ================================== CON XXXXXX'S POLICY IS TO DEMONSTRATE LEADERSHIP AND EXCELLENCE IN ENVIRONMENTAL PROTECTION. OUR COMMITMENT TO ENVIRONMENTAL EXCELLENCE MUST BE EVIDENT IN ALL COMPANY OPERATIONS. IT SHOULD BE KNOWN AND UNDERSTOOD BY THE COMPANY'S EMPLOYEES, CUSTOMERS AND SHAREHOLDERS, AND CONTINUOUSLY REINFORCED BY OUR ACTIONS WITHIN AND OUTSIDE THE COMPANY. EVERY CON XXXXXX EMPLOYEE HAS A PERSONAL OBLIGATION TO MEET THE FUNDAMENTAL WORKPLACE REQUIREMENTS ESTABLISHED BY LAW AND BY REGULATION, AND TO REACH BEYOND THESE BASIC REQUIREMENTS TO REALIZE A HIGHER LEVEL OF ACHIEVEMENT. TO ACHIEVE THESE GOALS AND TO ENCOURAGE EMPLOYEES TO CARE FOR THE ENVIRONMENT AND APPRECIATE ITS IMPORTANCE, CON XXXXXX WILL : - MAINTAIN IN EACH COMPANY ORGANIZATION AN ACCOUNTABILITY FOR ENVIRONMENTAL HEALTH AND SAFETY; - PROVIDE TRAINING TO PREPARE EMPLOYEES TO MEET ENVIRONMENTAL CHALLENGES; - INTEGRATE SOUND ENVIRONMENTAL PRACTICES IN ALL ASPECTS OF OUR BUSINESS; - SUPPORT RESEARCH TO DEVELOP NEW TECHNOLOGIES TO IMPROVE ENVIRONMENTAL PERFORMANCE; - STRIVE FOR CONTINUOUS IMPROVEMENT IN WASTE REDUCTION AND RECYCLING, POLLUTION PREVENTION AND RISK REDUCTION; - MAINTAIN OPEN COMMUNICATIONS ON ENVIRONMENTAL ISSUES WITH REGULATORY AGENCIES, ENVIRONMENTAL GROUPS, CUSTOMERS AND EMPLOYEES; - WORK WITH OUR CUSTOMERS TO PURSUE AND PROMOTE ENERGY EFFICIENCY; AND - PERIODICALLY AND OBJECTIVELY AUDIT AND EVALUATE OUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, AND ADDRESS OPPORTUNITIES FOR IMPROVEMENT IN A PROMPT AND EFFECTIVE MANNER. CON EDISON HAS A POLICY OF ENVIRONMENTAL EXCELLENCE AND REQUIRES ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO SHARE ITS COMMIT- MENT TO ENVIRONMENTAL EXCELLENCE. CONTRACTORS, SUBCONTRACTORS OR ANY OF THEIR EMPLOYEES THAT VIOLATE THIS POLICY WILL BE SUBJECT TO DISCIPLINARY ACTION, INCLUDING REMOVAL FROM THE JOB AND OUR LIST OF APPROVED BIDDERS. CONTRACTORS SHALL INCLUDE THIS INFORMATION IN THEIR SUBCONTRACTS. SPECIAL NOTE TO CONTRACTOR: **PURCHASE ORDER** PAGE 8 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 =========================== . CONTRACTOR SHALL NOT MOBILIZE OR BEGIN ANY WORK PRIOR TO SUBMITTING A JOB SPECIFIC/SITE SPECIFIC HEALTH AND SAFETY PLAN (HASP) TO THE PROJECT MANAGER AND SUBSEQUENTLY RECEIVING AN APPROVAL OF SUCH PLAN IN WRITING FROM THE CON EDISON FACILITY ENVIRONMENTAL REPRESENTATIVE. FAILURE TO COMPLY WITH THIS INSTRUCTION MAY RESULT IN SUSPENSION FROM CON XXXXXX'S BIDDERS LIST. . THE SELLER/CONTRACTOR IS REQUIRED TO ASSURE THAT ALL VEHICLES, INCLUDING THOSE OF SUBCONTRACTORS USED IN THE PERFORMANCE OF WORK FOR CON XXXXXX, ARE MAINTAINED IN GOOD WORKING CONDITION AND ARE NOT LEAKING ANY FLUIDS. PARTICULAR ATTENTION IS TO BE PAID, BUT NOT LIMITED TO, HYDRAULIC SYSTEMS ON EACH VEHICLE. THE DRIVER MUST IMMEDIATELY NOTIFY A CON XXXXXX AUTHORIZED REPRESENTATIVE IN THE EVENT OF A LEAK OR SPILL FROM A VEHICLE OR CONTAINER CARRIED ON A VEHICLE WHILE ON CON EDISON PROPERTY. THE DRIVER MUST WAIT FOR INSTRUCTIONS BEFORE MOVING THE VEHICLE UNLESS FIELD CONDITIONS REQUIRE IT, AND THEN, ONLY TO THE NEAREST SAFE POINT. THE DRIVER WILL BE REQUIRED TO ELIMINATE THE LEAK OR SPILL BEFORE LEAVING CON EDISON PROPERTY. THE SELLER/CONTRACTOR SHALL BE REQUIRED TO REIMBURSE CON XXXXXX FOR ALL COSTS ASSOCIATED WITH THE CLEANUP OF LEAKS AND SPILLS. . THIS CONTRACT IS SUBJECT TO APPENDIX A, REQUIRED CLAUSES AND CERTIFICATIONS, DATED JULY 2007, AND ANY APPLICABLE STANDARD TERMS AND CONDITIONS DOCUMENT WHICH INCORPORATES A DIFFERENT APPENDIX A IS HEREBY AMENDED TO INCORPORATE THE ABOVE-DESCRIBED APPENDIX A INSTEAD. . APPENDIX A CAN BE FOUND ON THE COMPANY'S WEBSITE. GIFT POLICY: SELLER IS INFORMED THAT IT IS A STRICT CON EDISON POLICY THAT NEITHER EMPLOYEES OF CON XXXXXX NOR MEMBERS OF THEIR FAMILIES SHALL ACCEPT GIFTS FROM SELLERS OR OTHERS TRANSACTING OR SEEKING TO TRANSACT ANY BUSINESS WITH CON XXXXXX. THE OFFERING OR GIVING OF SUCH GIFTS BY SELLER, WHETHER OR NOT MADE WITH INTENT TO OBTAIN SPECIAL CONSIDERATION, SHALL BE DEEMED TO BE A MATERIAL BREACH OF CONTRACT ENTITLING CON XXXXXX TO CANCEL THE CONTRACT AND REMOVE SELLER FROM ITS LIST OF QUALIFIED BIDDERS IF IT ELECTS TO DO SO. SHIPPING TERMS: NOT APPLICABLE **PURCHASE ORDER** PAGE 9 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 PAYMENT TERMS: NET 30 DAY ***PAYMENT TO ABOVE VENDOR ONLY*** BY FOR CON EDISON TOTAL PAGES 9 □ ATTACHMENT NO. 5 PURCHASE ORDER NO.: 1-37261 FILENAME: PMS-PO #137261 **PURCHASE ORDER** PAGE 1 CURRENT DATE 12/22/11 PURCHASE ORDER NUMBER 137261 PURCHASE ORDER DATE 12/13/11 PURCHASE REQ. NUMBER 000-0-0000 TO: VENDOR CODE U26 AUTHORIZED DOLLARS FUNDING ORDER ACCOUNT NUMBER VARIOUS STATISTICS 1/2 SHIP TO: MAIL ORIGINAL INVOICES TO VARIOUS SUBSTATIONS CON EDISON ACCOUNTS PAYABLE ADDRESSES LISTED IN 137261 X.X. XXX 000 XXXXXXXXXXX XXXX XX 00000 XXXXXX STATION XXXX XXXXXXXXX XXX XXXX X.X. 00000 (000) 000-0000 FOR INVOICE STATUS, CLICK ON "VENDOR INFORMATION" AT XXX.XXXXX.XXX BUYER: XXXXXX X XXXXX XX 000-000-0000 75391 SCOPE OF WORK: VENDOR TO PROVIDE ALL LABOR, MATERIAL, SUPERVISION AND EQUIPMENT REQUIRED TO INSTALL FM-200 FIRE SUPPRESSION SYSTEMS IN SUBSTATION OPERATIONS PUMPING, COOLING AND PURS PLANTS AS SHOWN IN THIS REQUISITION. ALL WORK IS TO BE COMPLETED AS PER ENGINEERING SPECIFICATION, CE-MS-3500-24218-11 TITLED, "ENGINEERING, PURCHASE AND INSTALLATION, SPECIFICATION FM-200 CLEAN AGENT FIRE SUPPRESSION SYSTEMS, 28 VARIOUS PUMPING, COOLING AND PURS PLANT LOCATIONS, REVISION 00." INSTALL FM-200, XXXXXX S/S, PH8. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== XXXXXX SUBSTATION PH8 00-00 XXXXXX XXXX. LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32162 INSTALL XX-000, XXXXXXX XXXX X/X, XX00. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== ASTORIA WEST SUBSTATION PH14 00XX XXX. & 00XX XX. XXXXXXX, XX 00000 CE WORK ORDER# 32163 **PURCHASE ORDER** PAGE 2 PURCHASE ORDER NUMBER 137261 CURRENT DATE 12/22/11 INSTALL XX-000, XXXXXX X/S, PH2 AND PH4. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== VERNON SUBSTATION PH 2 00-00 XXXXXX XXXX. PH 4 LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32164 INSTALL XX-000, XXXXXXXX X/X, XX0, XX0, XX0, XX0 AND PH6. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== FARRAGUT SUBSTATION PH 2 00 XXXX XX. PH 3 BROOKLYN, NY 11201 PH 4 PH 5 LOCATION: ========= DESCRIPTION: ============ TOTAL: ======

Special Condition. THE CONTRACTOR SHALL PROMPTLY REPORT VERBALLY TO THE LOCATION'S CONTRACT ADMINISTRATOR AND IN WRITING TO CON EDISON ALL ACCIDENTS WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT, WHETHER ON OR ADJACENT TO THE WORK SITE, WHICH RESULTS IN DEATH, INJURY OR PROPERTY DAMAGE; GIVING DETAILS AND STATEMENTS OF WITNESSES. IN ADDITION, IF DEATH OR SERIOUS INJURY OR DAMAGE IS CAUSED, THE CONTRACTOR SHALL IMMEDIATELY REPORT **PURCHASE ORDER** PAGE 8 PURCHASE ORDER NUMBER 134239 CURRENT DATE 08/03/11 TERMS AND CONDITIONS THE ACCIDENT DIRECTLY TO THE LOCATION'S CONTRACTOR ADMINISTRATOR. . ACKNOWLEDGEMENT . IF THE FOREGOING IS ACCEPTABLE TO YOU, SO INDICATE BY HAVING A COPY OF THIS PURCHASE ORDER SIGNED BY A DULY AUTHORIZED REPRE- SENTATIVE OF YOUR FIRM AND RETURNED TO CON EDISON, BUYER . ACCEPTED AND AGREED TO . FOR: . **PURCHASE ORDER** PAGE 7 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 BY: . TITLE: . DATE: COMMITMENT TO ENVIRONMENTAL EXCELLENCE ====================================== OUR CORPORATE ENVIRONMENTAL POLICY ================================== CON XXXXXX'S POLICY IS TO DEMONSTRATE LEADERSHIP AND EXCELLENCE IN ENVIRONMENTAL PROTECTION. OUR COMMITMENT TO ENVIRONMENTAL EXCELLENCE MUST BE EVIDENT IN ALL COMPANY OPERATIONS. IT SHOULD BE KNOWN AND UNDERSTOOD BY THE COMPANY'S EMPLOYEES, CUSTOMERS AND SHAREHOLDERS, AND CONTINUOUSLY REINFORCED BY OUR ACTIONS WITHIN AND OUTSIDE THE COMPANY. EVERY CON XXXXXX EMPLOYEE HAS A PERSONAL OBLIGATION TO MEET THE FUNDAMENTAL WORKPLACE REQUIREMENTS ESTABLISHED BY LAW AND BY REGULATION, AND TO REACH BEYOND THESE BASIC REQUIREMENTS TO REALIZE A HIGHER LEVEL OF ACHIEVEMENT. TO ACHIEVE THESE GOALS AND TO ENCOURAGE EMPLOYEES TO CARE FOR THE ENVIRONMENT AND APPRECIATE ITS IMPORTANCE, CON XXXXXX WILL : - MAINTAIN IN EACH COMPANY ORGANIZATION AN ACCOUNTABILITY FOR ENVIRONMENTAL HEALTH AND SAFETY; - PROVIDE TRAINING TO PREPARE EMPLOYEES TO MEET ENVIRONMENTAL CHALLENGES; - INTEGRATE SOUND ENVIRONMENTAL PRACTICES IN ALL ASPECTS OF OUR BUSINESS; - SUPPORT RESEARCH TO DEVELOP NEW TECHNOLOGIES TO IMPROVE ENVIRONMENTAL PERFORMANCE; - STRIVE FOR CONTINUOUS IMPROVEMENT IN WASTE REDUCTION AND RECYCLING, POLLUTION PREVENTION AND RISK REDUCTION; - MAINTAIN OPEN COMMUNICATIONS ON ENVIRONMENTAL ISSUES WITH REGULATORY AGENCIES, ENVIRONMENTAL GROUPS, CUSTOMERS AND EMPLOYEES; - WORK WITH OUR CUSTOMERS TO PURSUE AND PROMOTE ENERGY EFFICIENCY; AND - PERIODICALLY AND OBJECTIVELY AUDIT AND EVALUATE OUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, AND ADDRESS OPPORTUNITIES FOR IMPROVEMENT IN A PROMPT AND EFFECTIVE MANNER. CON EDISON HAS A POLICY OF ENVIRONMENTAL EXCELLENCE AND REQUIRES ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO SHARE ITS COMMIT- MENT TO ENVIRONMENTAL EXCELLENCE. CONTRACTORS, SUBCONTRACTORS OR ANY OF THEIR EMPLOYEES THAT VIOLATE THIS POLICY WILL BE SUBJECT TO DISCIPLINARY ACTION, INCLUDING REMOVAL FROM THE JOB AND OUR LIST OF APPROVED BIDDERS. CONTRACTORS SHALL INCLUDE THIS INFORMATION IN THEIR SUBCONTRACTS. SPECIAL NOTE TO CONTRACTOR: **PURCHASE ORDER** PAGE 8 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 =========================== . CONTRACTOR SHALL NOT MOBILIZE OR BEGIN ANY WORK PRIOR TO SUBMITTING A JOB SPECIFIC/SITE SPECIFIC HEALTH AND SAFETY PLAN (HASP) TO THE PROJECT MANAGER AND SUBSEQUENTLY RECEIVING AN APPROVAL OF SUCH PLAN IN WRITING FROM THE CON EDISON FACILITY ENVIRONMENTAL REPRESENTATIVE. FAILURE TO COMPLY WITH THIS INSTRUCTION MAY RESULT IN SUSPENSION FROM CON XXXXXX'S BIDDERS LIST. . THE SELLER/CONTRACTOR IS REQUIRED TO ASSURE THAT ALL VEHICLES, INCLUDING THOSE OF SUBCONTRACTORS USED IN THE PERFORMANCE OF WORK FOR CON XXXXXX, ARE MAINTAINED IN GOOD WORKING CONDITION AND ARE NOT LEAKING ANY FLUIDS. PARTICULAR ATTENTION IS TO BE PAID, BUT NOT LIMITED TO, HYDRAULIC SYSTEMS ON EACH VEHICLE. THE DRIVER MUST IMMEDIATELY NOTIFY A CON XXXXXX AUTHORIZED REPRESENTATIVE IN THE EVENT OF A LEAK OR SPILL FROM A VEHICLE OR CONTAINER CARRIED ON A VEHICLE WHILE ON CON EDISON PROPERTY. THE DRIVER MUST WAIT FOR INSTRUCTIONS BEFORE MOVING THE VEHICLE UNLESS FIELD CONDITIONS REQUIRE IT, AND THEN, ONLY TO THE NEAREST SAFE POINT. THE DRIVER WILL BE REQUIRED TO ELIMINATE THE LEAK OR SPILL BEFORE LEAVING CON EDISON PROPERTY. THE SELLER/CONTRACTOR SHALL BE REQUIRED TO REIMBURSE CON XXXXXX FOR ALL COSTS ASSOCIATED WITH THE CLEANUP OF LEAKS AND SPILLS. . THIS CONTRACT IS SUBJECT TO APPENDIX A, REQUIRED CLAUSES AND CERTIFICATIONS, DATED JULY 2007, AND ANY APPLICABLE STANDARD TERMS AND CONDITIONS DOCUMENT WHICH INCORPORATES A DIFFERENT APPENDIX A IS HEREBY AMENDED TO INCORPORATE THE ABOVE-DESCRIBED APPENDIX A INSTEAD. . APPENDIX A CAN BE FOUND ON THE COMPANY'S WEBSITE. GIFT POLICY: SELLER IS INFORMED THAT IT IS A STRICT CON EDISON POLICY THAT NEITHER EMPLOYEES OF CON XXXXXX EDISON NOR MEMBERS OF THEIR FAMILIES SHALL ACCEPT GIFTS FROM SELLERS OR OTHERS TRANSACTING OR SEEKING TO TRANSACT ANY BUSINESS WITH CON XXXXXXEDISON. THE OFFERING OR GIVING OF SUCH GIFTS BY SELLER, WHETHER OR NOT MADE WITH INTENT TO OBTAIN SPECIAL CONSIDERATION, SHALL BE DEEMED TO BE A MATERIAL BREACH OF CONTRACT ENTITLING CON XXXXXX EDISON TO CANCEL THE CONTRACT AND REMOVE SELLER FROM ITS LIST OF QUALIFIED BIDDERS IF IT ELECTS TO DO SO. SHIPPING TERMS: NOT APPLICABLE **PURCHASE ORDER** PAGE 9 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 PAYMENT TERMS: NET 30 DAY ***PAYMENT TO ABOVE VENDOR ONLY*** BY FOR CON EDISON TOTAL PAGES 9 8 _ □ ATTACHMENT NO. 5 8 PURCHASE ORDER NO.: 1-37261 34436 FILENAME: PMS-PO #137261 134436 **PURCHASE ORDER** PAGE 1 CURRENT DATE 12/22/11 08/12/11 PURCHASE ORDER NUMBER 137261 134436 PURCHASE ORDER DATE 12/13/11 08/08/11 PURCHASE REQ. NUMBER 000-0-0000 TO: VENDOR CODE U26 MB6 AUTHORIZED DOLLARS FUNDING ORDER ACCOUNT NUMBER VARIOUS STATISTICS 1/2 SHIP TO: MAIL ORIGINAL INVOICES TO VARIOUS SUBSTATIONS CON EDISON CON EDISON ACCOUNTS PAYABLE ADDRESSES LISTED IN 137261 00-00 00XX XXXXXX 000000 X.X. XXX 000 XXXXXXXXXXX XXXX XXXXXXX XX 00000 XXXXXX STATION XXXX XXXXXXXXX XXX XXXX X.X. 00000 XXXXXX XXXXXX NEW YORK N.Y. 10276 (000) 000-0000 THIS PURCHASE ORDER REQUIRES PAYMENT CERTIFICATES FOR INVOICE STATUS, CLICK ON "VENDOR INFORMATION" AT XXX.XXXXX.XXX BUYER: XXXXXX XXXX X XXXXX XX XXXXXXXX 000-000-0000 75391 SCOPE OF WORK: VENDOR TO PROVIDE ALL LABOR, MATERIAL, SUPERVISION AND EQUIPMENT REQUIRED TO INSTALL FM-200 FIRE SUPPRESSION SYSTEMS IN SUBSTATION OPERATIONS PUMPING, COOLING AND PURS PLANTS AS SHOWN IN THIS REQUISITION. ALL WORK IS TO BE COMPLETED AS PER ENGINEERING SPECIFICATION, CE-MS-3500-24218-11 TITLED, "ENGINEERING, PURCHASE AND INSTALLATION, SPECIFICATION FM-200 CLEAN AGENT FIRE SUPPRESSION SYSTEMS, 28 VARIOUS PUMPING, COOLING AND PURS PLANT LOCATIONS, REVISION 00." INSTALL FM-200, XXXXXX S/S, PH8. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== XXXXXX SUBSTATION PH8 00-00 XXXXXX XXXX. LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32162 INSTALL XX-000, XXXXXXX XXXX X/X, XX00. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== ASTORIA WEST SUBSTATION PH14 00XX XXX. & 00XX XX. XXXXXXX, XX 00000 CE WORK ORDER# 32163 **PURCHASE ORDER** PAGE 2 PURCHASE ORDER NUMBER 137261 CURRENT 22487 ITEM QUANTITY DELIVERY DATE 12/22/11 INSTALL XX-000, XXXXXX X/S, PH2 AND PH4. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== VERNON SUBSTATION PH 2 00-00 XXXXXX XXXX. PH 4 LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32164 INSTALL XX-000, XXXXXXXX X/X, XX0, XX0, XX0, XX0 AND PH6. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== FARRAGUT SUBSTATION PH 2 00 XXXX XX. PH 3 BROOKLYN, NY 11201 PH 4 PH 5 LOCATION: ========= DESCRIPTION: ============ TOTAL: ======UNIT PRICE UNIT INSP CODE

Special Condition. THE CONTRACTOR SHALL PROMPTLY REPORT VERBALLY TO THE LOCATION'S CONTRACT ADMINISTRATOR AND IN WRITING TO CON EDISON ALL ACCIDENTS WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT, WHETHER ON OR ADJACENT TO THE WORK SITE, WHICH RESULTS IN DEATH, INJURY OR PROPERTY DAMAGE; GIVING DETAILS AND STATEMENTS OF WITNESSES. IN ADDITION, IF DEATH OR SERIOUS INJURY OR DAMAGE IS CAUSED, THE CONTRACTOR SHALL IMMEDIATELY REPORT THE ACCIDENT DIRECTLY TO THE LOCATION'S CONTRACTOR ADMINISTRATOR. . ACKNOWLEDGEMENT . IF THE FOREGOING IS ACCEPTABLE TO YOU, SO INDICATE BY HAVING A COPY OF THIS PURCHASE ORDER SIGNED BY A DULY AUTHORIZED REPRE- SENTATIVE OF YOUR FIRM AND RETURNED TO CON EDISON, BUYER . ACCEPTED AND AGREED TO . FOR: . **PURCHASE ORDER** PAGE 7 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 BY: . TITLE: . DATE: COMMITMENT TO ENVIRONMENTAL EXCELLENCE ====================================== OUR CORPORATE ENVIRONMENTAL POLICY ================================== CON XXXXXX'S POLICY IS TO DEMONSTRATE LEADERSHIP AND EXCELLENCE IN ENVIRONMENTAL PROTECTION. OUR COMMITMENT TO ENVIRONMENTAL EXCELLENCE MUST BE EVIDENT IN ALL COMPANY OPERATIONS. IT SHOULD BE KNOWN AND UNDERSTOOD BY THE COMPANY'S EMPLOYEES, CUSTOMERS AND SHAREHOLDERS, AND CONTINUOUSLY REINFORCED BY OUR ACTIONS WITHIN AND OUTSIDE THE COMPANY. EVERY CON XXXXXX EMPLOYEE HAS A PERSONAL OBLIGATION TO MEET THE FUNDAMENTAL WORKPLACE REQUIREMENTS ESTABLISHED BY LAW AND BY REGULATION, AND TO REACH BEYOND THESE BASIC REQUIREMENTS TO REALIZE A HIGHER LEVEL OF ACHIEVEMENT. TO ACHIEVE THESE GOALS AND TO ENCOURAGE EMPLOYEES TO CARE FOR THE ENVIRONMENT AND APPRECIATE ITS IMPORTANCE, CON XXXXXX WILL : - MAINTAIN IN EACH COMPANY ORGANIZATION AN ACCOUNTABILITY FOR ENVIRONMENTAL HEALTH AND SAFETY; - PROVIDE TRAINING TO PREPARE EMPLOYEES TO MEET ENVIRONMENTAL CHALLENGES; - INTEGRATE SOUND ENVIRONMENTAL PRACTICES IN ALL ASPECTS OF OUR BUSINESS; - SUPPORT RESEARCH TO DEVELOP NEW TECHNOLOGIES TO IMPROVE ENVIRONMENTAL PERFORMANCE; - STRIVE FOR CONTINUOUS IMPROVEMENT IN WASTE REDUCTION AND RECYCLING, POLLUTION PREVENTION AND RISK REDUCTION; - MAINTAIN OPEN COMMUNICATIONS ON ENVIRONMENTAL ISSUES WITH REGULATORY AGENCIES, ENVIRONMENTAL GROUPS, CUSTOMERS AND EMPLOYEES; - WORK WITH OUR CUSTOMERS TO PURSUE AND PROMOTE ENERGY EFFICIENCY; AND - PERIODICALLY AND OBJECTIVELY AUDIT AND EVALUATE OUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, AND ADDRESS OPPORTUNITIES FOR IMPROVEMENT IN A PROMPT AND EFFECTIVE MANNER. CON EDISON HAS A POLICY OF ENVIRONMENTAL EXCELLENCE AND REQUIRES ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO SHARE ITS COMMIT- MENT TO ENVIRONMENTAL EXCELLENCE. CONTRACTORS, SUBCONTRACTORS OR ANY OF THEIR EMPLOYEES THAT VIOLATE THIS POLICY WILL BE SUBJECT TO DISCIPLINARY ACTION, INCLUDING REMOVAL FROM THE JOB AND OUR LIST OF APPROVED BIDDERS. CONTRACTORS SHALL INCLUDE THIS INFORMATION IN THEIR SUBCONTRACTS. SPECIAL NOTE TO CONTRACTOR: **PURCHASE ORDER** PAGE 8 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 =========================== . CONTRACTOR SHALL NOT MOBILIZE OR BEGIN ANY WORK PRIOR TO SUBMITTING A JOB SPECIFIC/SITE SPECIFIC HEALTH AND SAFETY PLAN (HASP) TO THE PROJECT MANAGER AND SUBSEQUENTLY RECEIVING AN APPROVAL OF SUCH PLAN IN WRITING FROM THE CON EDISON FACILITY ENVIRONMENTAL REPRESENTATIVE. FAILURE TO COMPLY WITH THIS INSTRUCTION MAY RESULT IN SUSPENSION FROM CON XXXXXX'S BIDDERS LIST. . THE SELLER/CONTRACTOR IS REQUIRED TO ASSURE THAT ALL VEHICLES, INCLUDING THOSE OF SUBCONTRACTORS USED IN THE PERFORMANCE OF WORK FOR CON XXXXXX, ARE MAINTAINED IN GOOD WORKING CONDITION AND ARE NOT LEAKING ANY FLUIDS. PARTICULAR ATTENTION IS TO BE PAID, BUT NOT LIMITED TO, HYDRAULIC SYSTEMS ON EACH VEHICLE. THE DRIVER MUST IMMEDIATELY NOTIFY A CON XXXXXX AUTHORIZED REPRESENTATIVE IN THE EVENT OF A LEAK OR SPILL FROM A VEHICLE OR CONTAINER CARRIED ON A VEHICLE WHILE ON CON EDISON PROPERTY. THE DRIVER MUST WAIT FOR INSTRUCTIONS BEFORE MOVING THE VEHICLE UNLESS FIELD CONDITIONS REQUIRE IT, AND THEN, ONLY TO THE NEAREST SAFE POINT. THE DRIVER WILL BE REQUIRED TO ELIMINATE THE LEAK OR SPILL BEFORE LEAVING CON EDISON PROPERTY. THE SELLER/CONTRACTOR SHALL BE REQUIRED TO REIMBURSE CON XXXXXX FOR ALL COSTS ASSOCIATED WITH THE CLEANUP OF LEAKS AND SPILLS. . THIS CONTRACT IS SUBJECT TO APPENDIX A, REQUIRED CLAUSES AND CERTIFICATIONS, DATED JULY 2007, AND ANY APPLICABLE STANDARD TERMS AND CONDITIONS DOCUMENT WHICH INCORPORATES A DIFFERENT APPENDIX A IS HEREBY AMENDED TO INCORPORATE THE ABOVE-DESCRIBED APPENDIX A INSTEAD. . **PURCHASE ORDER** PAGE 14 PURCHASE ORDER NUMBER 136254 CURRENT DATE 02/10/12 APPENDIX A CAN BE FOUND ON THE COMPANY'S WEBSITE. GIFT POLICY: SELLER IS INFORMED THAT IT IS A STRICT CON EDISON POLICY THAT NEITHER EMPLOYEES OF CON XXXXXX NOR MEMBERS OF THEIR FAMILIES SHALL ACCEPT GIFTS FROM SELLERS OR OTHERS TRANSACTING OR SEEKING TO TRANSACT ANY BUSINESS WITH CON XXXXXX. THE OFFERING OR GIVING OF SUCH GIFTS BY SELLER, WHETHER OR NOT MADE WITH INTENT TO OBTAIN SPECIAL CONSIDERATION, SHALL BE DEEMED TO BE A MATERIAL BREACH OF CONTRACT ENTITLING CON XXXXXX TO CANCEL THE CONTRACT AND REMOVE SELLER FROM ITS LIST OF QUALIFIED BIDDERS IF IT ELECTS TO DO SO. SHIPPING TERMS: NOT APPLICABLE **PURCHASE ORDER** PAGE 9 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 PAYMENT TERMS: NET 30 DAY ***PAYMENT TO ABOVE VENDOR ONLY*** BY FOR CON EDISON TOTAL PAGES 9 □ ATTACHMENT NO. 5 PURCHASE ORDER NO.: 1-37261 FILENAME: PMS-PO #137261 **PURCHASE ORDER** PAGE 1 CURRENT DATE 12/22/11 PURCHASE ORDER NUMBER 137261 PURCHASE ORDER DATE 12/13/11 PURCHASE REQ. NUMBER 000-0-0000 TO: VENDOR CODE U26 AUTHORIZED DOLLARS FUNDING ORDER ACCOUNT NUMBER VARIOUS STATISTICS 1/2 SHIP TO: MAIL ORIGINAL INVOICES TO VARIOUS SUBSTATIONS CON EDISON ACCOUNTS PAYABLE ADDRESSES LISTED IN 137261 X.X. XXX 000 XXXXXXXXXXX XXXX XX 00000 XXXXXX STATION XXXX XXXXXXXXX XXX XXXX X.X. 00000 (000) 000-0000 FOR INVOICE STATUS, CLICK ON "VENDOR INFORMATION" AT XXX.XXXXX.XXX BUYER: XXXXXX X XXXXX XX 000-000-0000 75391 SCOPE OF WORK: VENDOR TO PROVIDE ALL LABOR, MATERIAL, SUPERVISION AND EQUIPMENT REQUIRED TO INSTALL FM-200 FIRE SUPPRESSION SYSTEMS IN SUBSTATION OPERATIONS PUMPING, COOLING AND PURS PLANTS AS SHOWN IN THIS REQUISITION. ALL WORK IS TO BE COMPLETED AS PER ENGINEERING SPECIFICATION, CE-MS-3500-24218-11 TITLED, "ENGINEERING, PURCHASE AND INSTALLATION, SPECIFICATION FM-200 CLEAN AGENT FIRE SUPPRESSION SYSTEMS, 28 VARIOUS PUMPING, COOLING AND PURS PLANT LOCATIONS, REVISION 00." INSTALL FM-200, XXXXXX S/S, PH8. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== XXXXXX SUBSTATION PH8 00-00 XXXXXX XXXX. LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32162 INSTALL XX-000, XXXXXXX XXXX X/X, XX00. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== ASTORIA WEST SUBSTATION PH14 00XX XXX. & 00XX XX. XXXXXXX, XX 00000 CE WORK ORDER# 32163 **PURCHASE ORDER** PAGE 2 PURCHASE ORDER NUMBER 137261 CURRENT DATE 12/22/11 INSTALL XX-000, XXXXXX X/S, PH2 AND PH4. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== VERNON SUBSTATION PH 2 00-00 XXXXXX XXXX. PH 4 LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32164 INSTALL XX-000, XXXXXXXX X/X, XX0, XX0, XX0, XX0 AND PH6. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== FARRAGUT SUBSTATION PH 2 00 XXXX XX. PH 3 BROOKLYN, NY 11201 PH 4 PH 5 LOCATION: ========= DESCRIPTION: ============ TOTAL: ======EDISON

Special Condition. THE CONTRACTOR SHALL PROMPTLY REPORT VERBALLY TO THE LOCATION'S CONTRACT ADMINISTRATOR AND IN WRITING TO CON EDISON ALL ACCIDENTS WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT, WHETHER ON OR ADJACENT TO THE WORK SITE, WHICH RESULTS IN DEATH, INJURY OR PROPERTY DAMAGE; GIVING DETAILS AND STATEMENTS OF WITNESSES. IN ADDITION, IF DEATH OR SERIOUS INJURY OR DAMAGE IS CAUSED, THE CONTRACTOR SHALL IMMEDIATELY REPORT THE ACCIDENT DIRECTLY TO THE LOCATION'S CONTRACTOR ADMINISTRATOR. . ACKNOWLEDGEMENT . IF THE FOREGOING IS ACCEPTABLE TO YOU, SO INDICATE BY HAVING A COPY OF THIS PURCHASE ORDER SIGNED BY A DULY AUTHORIZED REPRE- SENTATIVE OF YOUR FIRM AND RETURNED TO CON EDISON, BUYER . ACCEPTED AND AGREED TO . FOR: . **PURCHASE ORDER** PAGE 7 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 BY: . TITLE: . DATE: COMMITMENT TO ENVIRONMENTAL EXCELLENCE ====================================== OUR CORPORATE ENVIRONMENTAL POLICY ================================== CON XXXXXX'S POLICY IS TO DEMONSTRATE LEADERSHIP AND EXCELLENCE IN ENVIRONMENTAL PROTECTION. OUR COMMITMENT TO ENVIRONMENTAL EXCELLENCE MUST BE EVIDENT IN ALL COMPANY OPERATIONS. IT SHOULD BE KNOWN AND UNDERSTOOD BY THE COMPANY'S EMPLOYEES, CUSTOMERS AND SHAREHOLDERS, AND CONTINUOUSLY REINFORCED BY OUR ACTIONS WITHIN AND OUTSIDE THE COMPANY. EVERY CON XXXXXX EMPLOYEE HAS A PERSONAL OBLIGATION TO MEET THE FUNDAMENTAL WORKPLACE REQUIREMENTS ESTABLISHED BY LAW AND BY REGULATION, AND TO REACH BEYOND THESE BASIC REQUIREMENTS TO REALIZE A HIGHER LEVEL OF ACHIEVEMENT. TO ACHIEVE THESE GOALS AND TO ENCOURAGE EMPLOYEES TO CARE FOR THE ENVIRONMENT AND APPRECIATE ITS IMPORTANCE, CON XXXXXX WILL : - MAINTAIN IN EACH COMPANY ORGANIZATION AN ACCOUNTABILITY FOR ENVIRONMENTAL HEALTH AND SAFETY; - PROVIDE TRAINING TO PREPARE EMPLOYEES TO MEET ENVIRONMENTAL CHALLENGES; - INTEGRATE SOUND ENVIRONMENTAL PRACTICES IN ALL ASPECTS OF OUR BUSINESS; - SUPPORT RESEARCH TO DEVELOP NEW TECHNOLOGIES TO IMPROVE ENVIRONMENTAL PERFORMANCE; - STRIVE FOR CONTINUOUS IMPROVEMENT IN WASTE REDUCTION AND RECYCLING, POLLUTION PREVENTION AND RISK REDUCTION; - MAINTAIN OPEN COMMUNICATIONS ON ENVIRONMENTAL ISSUES WITH REGULATORY AGENCIES, ENVIRONMENTAL GROUPS, CUSTOMERS AND EMPLOYEES; - WORK WITH OUR CUSTOMERS TO PURSUE AND PROMOTE ENERGY EFFICIENCY; AND - PERIODICALLY AND OBJECTIVELY AUDIT AND EVALUATE OUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, AND ADDRESS OPPORTUNITIES FOR IMPROVEMENT IN A PROMPT AND EFFECTIVE MANNER. CON EDISON HAS A POLICY OF ENVIRONMENTAL EXCELLENCE AND REQUIRES ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO SHARE ITS COMMIT- MENT TO ENVIRONMENTAL EXCELLENCE. CONTRACTORS, SUBCONTRACTORS OR ANY OF THEIR EMPLOYEES THAT VIOLATE THIS POLICY WILL BE SUBJECT TO DISCIPLINARY ACTION, INCLUDING REMOVAL FROM THE JOB AND OUR LIST OF APPROVED BIDDERS. CONTRACTORS SHALL INCLUDE THIS INFORMATION IN THEIR SUBCONTRACTS. SPECIAL NOTE TO CONTRACTOR: **PURCHASE ORDER** PAGE 8 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 =========================== . CONTRACTOR SHALL NOT MOBILIZE OR BEGIN ANY WORK PRIOR TO SUBMITTING A JOB SPECIFIC/SITE SPECIFIC HEALTH AND SAFETY PLAN (HASP) TO THE PROJECT MANAGER AND SUBSEQUENTLY RECEIVING AN APPROVAL OF SUCH PLAN IN WRITING FROM THE CON EDISON FACILITY ENVIRONMENTAL REPRESENTATIVE. FAILURE TO COMPLY WITH THIS INSTRUCTION MAY RESULT IN SUSPENSION FROM CON XXXXXX'S BIDDERS LIST. . THE SELLER/CONTRACTOR IS REQUIRED TO ASSURE THAT ALL VEHICLES, INCLUDING THOSE OF SUBCONTRACTORS USED IN THE PERFORMANCE OF WORK FOR CON XXXXXX, ARE MAINTAINED IN GOOD WORKING CONDITION AND ARE NOT LEAKING ANY FLUIDS. PARTICULAR ATTENTION IS TO BE PAID, BUT NOT LIMITED TO, HYDRAULIC SYSTEMS ON EACH VEHICLE. THE DRIVER MUST IMMEDIATELY NOTIFY A CON XXXXXX AUTHORIZED REPRESENTATIVE IN THE EVENT OF A LEAK OR SPILL FROM A VEHICLE OR CONTAINER CARRIED ON A VEHICLE WHILE ON CON EDISON PROPERTY. THE DRIVER MUST WAIT FOR INSTRUCTIONS BEFORE MOVING THE VEHICLE UNLESS FIELD CONDITIONS REQUIRE IT, AND THEN, ONLY TO THE NEAREST SAFE POINT. THE DRIVER WILL BE REQUIRED TO ELIMINATE THE LEAK OR SPILL BEFORE LEAVING CON EDISON PROPERTY. THE SELLER/CONTRACTOR SHALL BE REQUIRED TO REIMBURSE CON XXXXXX FOR ALL COSTS ASSOCIATED WITH THE CLEANUP OF LEAKS AND SPILLS. . THIS CONTRACT IS SUBJECT TO APPENDIX A, REQUIRED CLAUSES AND CERTIFICATIONS, DATED JULY 2007, AND ANY APPLICABLE STANDARD TERMS AND CONDITIONS DOCUMENT WHICH INCORPORATES A DIFFERENT APPENDIX A IS HEREBY AMENDED TO INCORPORATE THE ABOVE-DESCRIBED APPENDIX A INSTEAD. . APPENDIX A CAN BE FOUND ON THE COMPANY'S WEBSITE. GIFT POLICY: SELLER IS INFORMED THAT IT IS A STRICT CON EDISON **PURCHASE ORDER** PAGE 18 PURCHASE ORDER NUMBER 133298 CURRENT DATE 08/05/11 POLICY THAT NEITHER EMPLOYEES OF CON XXXXXX EDISON NOR MEMBERS OF THEIR FAMILIES SHALL ACCEPT GIFTS FROM SELLERS OR OTHERS TRANSACTING OR SEEKING TO TRANSACT ANY BUSINESS WITH CON XXXXXXEDISON. THE OFFERING OR GIVING OF SUCH GIFTS BY SELLER, WHETHER OR NOT MADE WITH INTENT TO OBTAIN SPECIAL CONSIDERATION, SHALL BE DEEMED TO BE A MATERIAL BREACH OF CONTRACT ENTITLING CON XXXXXX EDISON TO CANCEL THE CONTRACT AND REMOVE SELLER FROM ITS LIST OF QUALIFIED BIDDERS IF IT ELECTS TO DO SO. SHIPPING TERMS: NOT APPLICABLE **PURCHASE ORDER** PAGE 9 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 PAYMENT TERMS: NET 30 DAY ***PAYMENT TO ABOVE VENDOR ONLY*** BY FOR CON EDISON TOTAL PAGES 9 □ 18 _ ATTACHMENT NO. 5 7 PURCHASE ORDER NO.: 1-37261 34239 FILENAME: PMS-PO #137261 134239 **PURCHASE ORDER** PAGE 1 CURRENT DATE 12/22/11 08/03/11 PURCHASE ORDER NUMBER 137261 134239 PURCHASE ORDER DATE 12/13/11 08/01/11 PURCHASE REQ. NUMBER 000-0-0000 TO: VENDOR CODE U26 H56 AUTHORIZED DOLLARS FUNDING ORDER ACCOUNT NUMBER VARIOUS STATISTICS 1/2 SHIP TO: MAIL ORIGINAL INVOICES TO VARIOUS SUBSTATIONS CON EDISON CON EDISON ACCOUNTS PAYABLE ADDRESSES LISTED IN 137261 0000 XXXXXXXX XXXXXX 134239 X.X. XXX 000 XXXXXXXXXXX XXXX XXXXX XX 00000 XXXXXX STATION XXXX XXXXXXXXX XXX XXXX X.X. 00000 XXXXXXX XXXXX X. XXXXX NEW YORK N.Y. 10276 (000) 000-0000 FOR INVOICE STATUS, CLICK ON "VENDOR INFORMATION" AT XXX.XXXXX.XXX BUYER: XXXXXX X XXXXX XX XXXXXXX 000-000-0000 75391 SCOPE OF WORK: VENDOR TO PROVIDE ALL LABOR, MATERIAL, SUPERVISION AND EQUIPMENT REQUIRED TO INSTALL FM-200 FIRE SUPPRESSION SYSTEMS IN SUBSTATION OPERATIONS PUMPING, COOLING AND PURS PLANTS AS SHOWN IN 05333 ITEM QUANTITY DELIVERY DATE UNIT PRICE UNIT INSP CODE THIS REQUISITIONIS A TERM ORDER WITH START DATE 08/D ENDATE 08/14/13. ALL WORK IS TO BE COMPLETED AS PER ENGINEERING SPECIFICATION, CE1 0 08/15/11 -CONED-MS-3500-24218-11 TITLED, "ENGINEERING, PURCHASE AND INSTALLATION, SPECIFICATION FM-200 CLEAN AGENT FIRE SUPPRESSION SYSTEMS, 28 VARIOUS PUMPING, COOLING AND PURS PLANT LOCATIONS, REVISION 00E- - CON EDISON USE ONLY." INSTALL FM-200, XXXXXX S/S, PH8. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== XXXXXX SUBSTATION PH8 00-00 XXXXXX XXXX. LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32162 INSTALL XX-000, XXXXXXX XXXX X/X, XX00. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== ASTORIA WEST SUBSTATION PH14 00XX XXX. & 00XX XX. XXXXXXX, XX 00000 CE WORK ORDER# 32163 **PURCHASE ORDER** PAGE 2 PURCHASE ORDER NUMBER 137261 CURRENT DATE 12/22/11 INSTALL XX-000, XXXXXX X/S, PH2 AND PH4. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== VERNON SUBSTATION PH 2 00-00 XXXXXX XXXX. PH 4 LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32164 INSTALL XX-000, XXXXXXXX X/X, XX0, XX0, XX0, XX0 AND PH6. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== FARRAGUT SUBSTATION PH 2 00 XXXX XX. PH 3 BROOKLYN, NY 11201 PH 4 PH 5 LOCATION: ========= DESCRIPTION: ============ TOTAL: ======

Special Condition. THE CONTRACTOR SHALL PROMPTLY REPORT VERBALLY TO THE LOCATION'S CONTRACT ADMINISTRATOR AND IN WRITING TO CON EDISON ALL ACCIDENTS WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT, WHETHER ON OR ADJACENT TO THE WORK SITE, WHICH RESULTS IN DEATH, INJURY OR PROPERTY DAMAGE; GIVING DETAILS AND STATEMENTS OF WITNESSES. IN ADDITION, IF DEATH OR SERIOUS INJURY OR DAMAGE IS CAUSED, THE CONTRACTOR SHALL IMMEDIATELY REPORT THE ACCIDENT DIRECTLY TO THE LOCATION'S CONTRACTOR ADMINISTRATOR. . ACKNOWLEDGEMENT . IF THE FOREGOING IS ACCEPTABLE TO YOU, SO INDICATE BY HAVING A COPY OF THIS PURCHASE ORDER SIGNED BY A DULY AUTHORIZED REPRE- SENTATIVE OF YOUR FIRM AND RETURNED TO CON EDISON, BUYER . ACCEPTED AND AGREED TO . FOR: . **PURCHASE ORDER** PAGE 7 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 BY: . TITLE: . DATE: COMMITMENT TO ENVIRONMENTAL EXCELLENCE ====================================== OUR CORPORATE ENVIRONMENTAL POLICY ================================== CON XXXXXX'S POLICY IS TO DEMONSTRATE LEADERSHIP AND EXCELLENCE IN ENVIRONMENTAL PROTECTION. OUR COMMITMENT TO ENVIRONMENTAL EXCELLENCE MUST BE EVIDENT IN ALL COMPANY OPERATIONS. IT SHOULD BE KNOWN AND UNDERSTOOD BY THE COMPANY'S EMPLOYEES, CUSTOMERS AND SHAREHOLDERS, AND CONTINUOUSLY REINFORCED BY OUR ACTIONS WITHIN AND OUTSIDE THE COMPANY. EVERY CON XXXXXX EMPLOYEE HAS A PERSONAL OBLIGATION TO MEET THE FUNDAMENTAL WORKPLACE REQUIREMENTS ESTABLISHED BY LAW AND BY REGULATION, AND TO REACH BEYOND THESE BASIC REQUIREMENTS TO REALIZE A HIGHER LEVEL OF ACHIEVEMENT. TO ACHIEVE THESE GOALS AND TO ENCOURAGE EMPLOYEES TO CARE FOR THE ENVIRONMENT AND APPRECIATE ITS IMPORTANCE, CON XXXXXX WILL : - MAINTAIN IN EACH COMPANY ORGANIZATION AN ACCOUNTABILITY FOR ENVIRONMENTAL HEALTH AND SAFETY; - PROVIDE TRAINING TO PREPARE EMPLOYEES TO MEET ENVIRONMENTAL CHALLENGES; - INTEGRATE SOUND ENVIRONMENTAL PRACTICES IN ALL ASPECTS OF **PURCHASE ORDER** PAGE 8 PURCHASE ORDER NUMBER 137261 CURRENT DATE 12/22/11 OUR BUSINESS; - SUPPORT RESEARCH TO DEVELOP NEW TECHNOLOGIES TO IMPROVE ENVIRONMENTAL PERFORMANCE; - STRIVE FOR CONTINUOUS IMPROVEMENT IN WASTE REDUCTION AND RECYCLING, POLLUTION PREVENTION AND RISK REDUCTION; - MAINTAIN OPEN COMMUNICATIONS ON ENVIRONMENTAL ISSUES WITH REGULATORY AGENCIES, ENVIRONMENTAL GROUPS, CUSTOMERS AND EMPLOYEES; - WORK WITH OUR CUSTOMERS TO PURSUE AND PROMOTE ENERGY EFFICIENCY; AND - PERIODICALLY AND OBJECTIVELY AUDIT AND EVALUATE OUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, AND ADDRESS OPPORTUNITIES FOR IMPROVEMENT IN A PROMPT AND EFFECTIVE MANNER. CON EDISON HAS A POLICY OF ENVIRONMENTAL EXCELLENCE AND REQUIRES ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO SHARE ITS COMMIT- MENT TO ENVIRONMENTAL EXCELLENCE. CONTRACTORS, SUBCONTRACTORS OR ANY OF THEIR EMPLOYEES THAT VIOLATE THIS POLICY WILL BE SUBJECT TO DISCIPLINARY ACTION, INCLUDING REMOVAL FROM THE JOB AND OUR LIST OF APPROVED BIDDERS. CONTRACTORS SHALL INCLUDE THIS INFORMATION IN THEIR SUBCONTRACTS. SPECIAL NOTE TO CONTRACTOR: **PURCHASE ORDER** PAGE 8 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 =========================== . CONTRACTOR SHALL NOT MOBILIZE OR BEGIN ANY WORK PRIOR TO SUBMITTING A JOB SPECIFIC/SITE SPECIFIC HEALTH AND SAFETY PLAN (HASP) TO THE PROJECT MANAGER AND SUBSEQUENTLY RECEIVING AN APPROVAL OF SUCH PLAN IN WRITING FROM THE CON EDISON FACILITY ENVIRONMENTAL REPRESENTATIVE. FAILURE TO COMPLY WITH THIS INSTRUCTION MAY RESULT IN SUSPENSION FROM CON XXXXXX'S BIDDERS LIST. . THE SELLER/CONTRACTOR IS REQUIRED TO ASSURE THAT ALL VEHICLES, INCLUDING THOSE OF SUBCONTRACTORS USED IN THE PERFORMANCE OF WORK FOR CON XXXXXX, ARE MAINTAINED IN GOOD WORKING CONDITION AND ARE NOT LEAKING ANY FLUIDS. PARTICULAR ATTENTION IS TO BE PAID, BUT NOT LIMITED TO, HYDRAULIC SYSTEMS ON EACH VEHICLE. THE DRIVER MUST IMMEDIATELY NOTIFY A CON XXXXXX AUTHORIZED REPRESENTATIVE IN THE EVENT OF A LEAK OR SPILL FROM A VEHICLE OR CONTAINER CARRIED ON A VEHICLE WHILE ON CON EDISON PROPERTY. THE DRIVER MUST WAIT FOR INSTRUCTIONS BEFORE MOVING THE VEHICLE UNLESS FIELD CONDITIONS REQUIRE IT, AND THEN, ONLY TO THE NEAREST SAFE POINT. THE DRIVER WILL BE REQUIRED TO ELIMINATE THE LEAK OR SPILL BEFORE LEAVING CON EDISON PROPERTY. THE SELLER/CONTRACTOR SHALL BE REQUIRED TO REIMBURSE CON XXXXXX FOR ALL COSTS ASSOCIATED WITH THE CLEANUP OF LEAKS AND SPILLS. **PURCHASE ORDER** PAGE 9 PURCHASE ORDER NUMBER 137261 CURRENT DATE 12/22/11 . THIS CONTRACT IS SUBJECT TO APPENDIX A, REQUIRED CLAUSES AND CERTIFICATIONS, DATED JULY 2007, AND ANY APPLICABLE STANDARD TERMS AND CONDITIONS DOCUMENT WHICH INCORPORATES A DIFFERENT APPENDIX A IS HEREBY AMENDED TO INCORPORATE THE ABOVE-DESCRIBED APPENDIX A INSTEAD. . APPENDIX A CAN BE FOUND ON THE COMPANY'S WEBSITE. GIFT POLICY: SELLER IS INFORMED THAT IT IS A STRICT CON EDISON POLICY THAT NEITHER EMPLOYEES OF CON XXXXXX NOR MEMBERS OF THEIR FAMILIES SHALL ACCEPT GIFTS FROM SELLERS OR OTHERS TRANSACTING OR SEEKING TO TRANSACT ANY BUSINESS WITH CON XXXXXX. THE OFFERING OR GIVING OF SUCH GIFTS BY SELLER, WHETHER OR NOT MADE WITH INTENT TO OBTAIN SPECIAL CONSIDERATION, SHALL BE DEEMED TO BE A MATERIAL BREACH OF CONTRACT ENTITLING CON XXXXXX TO CANCEL THE CONTRACT AND REMOVE SELLER FROM ITS LIST OF QUALIFIED BIDDERS IF IT ELECTS TO DO SO. SHIPPING TERMS: NOT APPLICABLE **PURCHASE ORDER** PAGE 9 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 PAYMENT TERMS: NET 30 DAY ***PAYMENT TO ABOVE VENDOR ONLY*** BY FOR CON EDISON TOTAL PAGES 9 □ ATTACHMENT NO. 5 PURCHASE ORDER NO.: 1-37261 FILENAME: PMS-PO #137261 **PURCHASE ORDER** PAGE 1 CURRENT DATE 12/22/11 PURCHASE ORDER NUMBER 137261 PURCHASE ORDER DATE 12/13/11 PURCHASE REQ. NUMBER 000-0-0000 TO: VENDOR CODE U26 AUTHORIZED DOLLARS FUNDING ORDER ACCOUNT NUMBER VARIOUS STATISTICS 1/2 SHIP TO: MAIL ORIGINAL INVOICES TO VARIOUS SUBSTATIONS CON EDISON ACCOUNTS PAYABLE ADDRESSES LISTED IN 137261 X.X. XXX 000 XXXXXXXXXXX XXXX XX 00000 XXXXXX STATION XXXX XXXXXXXXX XXX XXXX X.X. 00000 (000) 000-0000 FOR INVOICE STATUS, CLICK ON "VENDOR INFORMATION" AT XXX.XXXXX.XXX BUYER: XXXXXX X XXXXX XX 000-000-0000 75391 SCOPE OF WORK: VENDOR TO PROVIDE ALL LABOR, MATERIAL, SUPERVISION AND EQUIPMENT REQUIRED TO INSTALL FM-200 FIRE SUPPRESSION SYSTEMS IN SUBSTATION OPERATIONS PUMPING, COOLING AND PURS PLANTS AS SHOWN IN THIS REQUISITION. ALL WORK IS TO BE COMPLETED AS PER ENGINEERING SPECIFICATION, CE-MS-3500-24218-11 TITLED, "ENGINEERING, PURCHASE AND INSTALLATION, SPECIFICATION FM-200 CLEAN AGENT FIRE SUPPRESSION SYSTEMS, 28 VARIOUS PUMPING, COOLING AND PURS PLANT LOCATIONS, REVISION 00." INSTALL FM-200, XXXXXX S/S, PH8. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== XXXXXX SUBSTATION PH8 00-00 XXXXXX XXXX. LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32162 INSTALL XX-000, XXXXXXX XXXX X/X, XX00. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== ASTORIA WEST SUBSTATION PH14 00XX XXX. & 00XX XX. XXXXXXX, XX 00000 CE WORK ORDER# 32163 **PURCHASE ORDER** PAGE 2 PURCHASE ORDER NUMBER 137261 CURRENT DATE 12/22/11 INSTALL XX-000, XXXXXX X/S, PH2 AND PH4. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== VERNON SUBSTATION PH 2 00-00 XXXXXX XXXX. PH 4 LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32164 INSTALL XX-000, XXXXXXXX X/X, XX0, XX0, XX0, XX0 AND PH6. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== FARRAGUT SUBSTATION PH 2 00 XXXX XX. PH 3 BROOKLYN, NY 11201 PH 4 PH 5 LOCATION: ========= DESCRIPTION: ============ TOTAL: ======EDISON

Special Condition. THE CONTRACTOR SHALL PROMPTLY REPORT VERBALLY TO THE LOCATION'S CONTRACT ADMINISTRATOR AND IN WRITING TO CON EDISON ALL ACCIDENTS WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT, WHETHER ON OR ADJACENT TO THE WORK SITE, WHICH RESULTS IN DEATH, INJURY OR PROPERTY DAMAGE; GIVING DETAILS AND STATEMENTS OF WITNESSES. IN ADDITION, IF DEATH OR SERIOUS INJURY OR DAMAGE IS CAUSED, THE CONTRACTOR SHALL IMMEDIATELY REPORT THE ACCIDENT DIRECTLY TO THE LOCATION'S CONTRACTOR ADMINISTRATOR. . ACKNOWLEDGEMENT . IF THE FOREGOING IS ACCEPTABLE TO YOU, SO INDICATE BY HAVING A COPY OF THIS PURCHASE ORDER SIGNED BY A DULY AUTHORIZED REPRE- SENTATIVE OF YOUR FIRM AND RETURNED TO CON EDISON, BUYER . ACCEPTED AND AGREED TO . FOR: . **PURCHASE ORDER** PAGE 7 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 BY: . TITLE: . DATE: COMMITMENT TO ENVIRONMENTAL EXCELLENCE ====================================== OUR CORPORATE ENVIRONMENTAL POLICY ================================== CON XXXXXX'S POLICY IS TO DEMONSTRATE LEADERSHIP AND EXCELLENCE IN ENVIRONMENTAL PROTECTION. OUR COMMITMENT TO ENVIRONMENTAL EXCELLENCE MUST BE EVIDENT IN ALL COMPANY OPERATIONS. IT SHOULD BE KNOWN AND UNDERSTOOD BY THE COMPANY'S EMPLOYEES, CUSTOMERS AND SHAREHOLDERS, AND CONTINUOUSLY REINFORCED BY OUR ACTIONS WITHIN AND OUTSIDE THE COMPANY. EVERY CON XXXXXX EMPLOYEE HAS A PERSONAL OBLIGATION TO MEET THE FUNDAMENTAL WORKPLACE REQUIREMENTS ESTABLISHED BY LAW AND BY REGULATION, AND TO REACH BEYOND THESE BASIC REQUIREMENTS TO REALIZE A HIGHER LEVEL OF ACHIEVEMENT. TO ACHIEVE THESE GOALS AND TO ENCOURAGE EMPLOYEES TO CARE FOR THE ENVIRONMENT AND APPRECIATE ITS IMPORTANCE, CON XXXXXX WILL : - MAINTAIN IN EACH COMPANY ORGANIZATION AN ACCOUNTABILITY FOR ENVIRONMENTAL HEALTH AND SAFETY; - PROVIDE TRAINING TO PREPARE EMPLOYEES TO MEET ENVIRONMENTAL CHALLENGES; - INTEGRATE SOUND ENVIRONMENTAL PRACTICES IN ALL ASPECTS OF OUR BUSINESS; - SUPPORT RESEARCH TO DEVELOP NEW TECHNOLOGIES TO IMPROVE ENVIRONMENTAL PERFORMANCE; - STRIVE FOR CONTINUOUS IMPROVEMENT IN WASTE REDUCTION AND RECYCLING, POLLUTION PREVENTION AND RISK REDUCTION; - MAINTAIN OPEN COMMUNICATIONS ON ENVIRONMENTAL ISSUES WITH REGULATORY AGENCIES, ENVIRONMENTAL GROUPS, CUSTOMERS AND EMPLOYEES; - WORK WITH OUR CUSTOMERS TO PURSUE AND PROMOTE ENERGY EFFICIENCY; AND - PERIODICALLY AND OBJECTIVELY AUDIT AND EVALUATE OUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, AND ADDRESS OPPORTUNITIES FOR IMPROVEMENT IN A PROMPT AND EFFECTIVE MANNER. CON EDISON HAS A POLICY OF ENVIRONMENTAL EXCELLENCE AND REQUIRES ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO SHARE ITS COMMIT- MENT TO ENVIRONMENTAL EXCELLENCE. CONTRACTORS, SUBCONTRACTORS OR ANY OF THEIR EMPLOYEES THAT VIOLATE THIS POLICY WILL BE SUBJECT TO DISCIPLINARY ACTION, INCLUDING REMOVAL FROM THE JOB AND OUR LIST OF APPROVED BIDDERS. CONTRACTORS SHALL INCLUDE THIS INFORMATION IN THEIR SUBCONTRACTS. SPECIAL NOTE TO CONTRACTOR: **PURCHASE ORDER** PAGE 8 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 =========================== . CONTRACTOR SHALL NOT MOBILIZE OR BEGIN ANY WORK PRIOR TO SUBMITTING A JOB SPECIFIC/SITE SPECIFIC HEALTH AND SAFETY PLAN (HASP) TO THE PROJECT MANAGER AND SUBSEQUENTLY RECEIVING AN APPROVAL OF SUCH PLAN IN WRITING FROM THE CON EDISON FACILITY ENVIRONMENTAL REPRESENTATIVE. FAILURE TO COMPLY WITH THIS INSTRUCTION MAY RESULT IN SUSPENSION FROM CON XXXXXX'S BIDDERS LIST. . THE SELLER/CONTRACTOR IS REQUIRED TO ASSURE THAT ALL VEHICLES, INCLUDING THOSE OF SUBCONTRACTORS USED IN THE PERFORMANCE OF WORK FOR CON XXXXXX, ARE MAINTAINED IN GOOD WORKING CONDITION AND ARE NOT LEAKING ANY FLUIDS. PARTICULAR ATTENTION IS TO BE PAID, BUT NOT LIMITED TO, HYDRAULIC SYSTEMS ON EACH VEHICLE. THE DRIVER MUST IMMEDIATELY NOTIFY A CON XXXXXX AUTHORIZED REPRESENTATIVE IN THE EVENT OF A LEAK OR SPILL FROM A VEHICLE OR CONTAINER CARRIED ON A VEHICLE WHILE ON CON EDISON PROPERTY. THE DRIVER MUST WAIT FOR INSTRUCTIONS BEFORE MOVING THE VEHICLE UNLESS FIELD CONDITIONS REQUIRE IT, AND THEN, ONLY TO THE NEAREST SAFE POINT. THE DRIVER WILL BE REQUIRED TO ELIMINATE THE LEAK OR SPILL BEFORE LEAVING CON EDISON PROPERTY. THE SELLER/CONTRACTOR SHALL BE REQUIRED TO REIMBURSE CON XXXXXX FOR ALL COSTS ASSOCIATED WITH THE CLEANUP OF LEAKS AND SPILLS. . THIS CONTRACT IS SUBJECT TO APPENDIX A, REQUIRED CLAUSES AND CERTIFICATIONS, DATED JULY 2007, AND ANY APPLICABLE STANDARD TERMS AND CONDITIONS DOCUMENT WHICH INCORPORATES A DIFFERENT APPENDIX A IS HEREBY AMENDED TO INCORPORATE THE ABOVE-DESCRIBED APPENDIX A INSTEAD. . APPENDIX A CAN BE FOUND ON THE COMPANY'S WEBSITE. GIFT POLICY: SELLER IS INFORMED THAT IT IS A STRICT CON EDISON POLICY THAT NEITHER EMPLOYEES OF CON XXXXXX NOR MEMBERS OF THEIR FAMILIES SHALL ACCEPT GIFTS FROM SELLERS OR OTHERS TRANSACTING OR SEEKING TO TRANSACT ANY BUSINESS WITH CON XXXXXX. THE OFFERING OR GIVING OF SUCH GIFTS BY SELLER, WHETHER OR NOT MADE WITH INTENT TO OBTAIN SPECIAL CONSIDERATION, SHALL BE DEEMED TO BE A MATERIAL **PURCHASE ORDER** PAGE 26 PURCHASE ORDER NUMBER 135920 CURRENT DATE 11/23/11 BREACH OF CONTRACT ENTITLING CON XXXXXX TO CANCEL THE CONTRACT AND REMOVE SELLER FROM ITS LIST OF QUALIFIED BIDDERS IF IT ELECTS TO DO SO. SHIPPING TERMS: NOT APPLICABLE **PURCHASE ORDER** PAGE 9 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 PAYMENT TERMS: NET 30 DAY ***PAYMENT TO ABOVE VENDOR ONLY*** BY FOR CON EDISON TOTAL PAGES 9 26 □ ATTACHMENT NO. 5 2 PURCHASE ORDER NO.: 1-37261 36094 FILENAME: PMS-PO #137261 136094 **PURCHASE ORDER** PAGE 1 CURRENT DATE 12/22/11 10/28/11 PURCHASE ORDER NUMBER 137261 136094 PURCHASE ORDER DATE 12/13/11 10/25/11 PURCHASE REQ. NUMBER 000-0-0000 TO: VENDOR CODE U26 D54 AUTHORIZED DOLLARS FUNDING ORDER ACCOUNT NUMBER VARIOUS STATISTICS 1/2 SHIP TO: MAIL ORIGINAL INVOICES TO VARIOUS SUBSTATIONS CON EDISON XXXXXX CON XXXXXX ACCOUNTS PAYABLE ADDRESSES LISTED IN 137261 4 IRVING PLACE 136094 X.X. XXX 000 XXXXXXXXXXX XXXX XXX XXXX, XX 00000 XXXXXX STATION XXXX XXXXXXXXX XXX XXXX X.X. 00000 XXXXXXX XXXXXXX XXXXXX NEW YORK N.Y. 10276 (000212) 000460-0000 3510 THIS PURCHASE ORDER REQUIRES PAYMENT CERTIFICATES FOR INVOICE STATUS, CLICK ON "VENDOR INFORMATION" AT XXX.XXXXX.XXX BUYER: XXXXXX XXXX X XXXXX XX XXXXXXXX 000-000-0000 75391 SCOPE OF WORK: VENDOR TO PROVIDE ALL LABOR, MATERIAL, SUPERVISION AND EQUIPMENT REQUIRED TO INSTALL FM-200 FIRE SUPPRESSION SYSTEMS IN SUBSTATION OPERATIONS PUMPING, COOLING AND PURS PLANTS AS SHOWN IN THIS REQUISITION. ALL WORK IS TO BE COMPLETED AS PER ENGINEERING SPECIFICATION, CE22487 ITEM QUANTITY DELIVERY DATE UNIT PRICE UNIT INSP CODE 1 0 $0.00000 EA -CONED-MS-3500-24218-11 TITLED, "ENGINEERING, PURCHASE AND INSTALLATION, SPECIFICATION FM-200 CLEAN AGENT FIRE SUPPRESSION SYSTEMS, 28 VARIOUS PUMPING, COOLING AND PURS PLANT LOCATIONS, REVISION 00E- - CON EDISON USE ONLY." INSTALL FM-200, XXXXXX S/S, PH8. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== XXXXXX SUBSTATION PH8 00-00 XXXXXX XXXX. LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32162 INSTALL XX-000, XXXXXXX XXXX X/X, XX00. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== ASTORIA WEST SUBSTATION PH14 00XX XXX. & 00XX XX. XXXXXXX, XX 00000 CE WORK ORDER# 32163 **PURCHASE ORDER** PAGE 2 PURCHASE ORDER NUMBER 137261 CURRENT DATE 12/22/11 INSTALL XX-000, XXXXXX X/S, PH2 AND PH4. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== VERNON SUBSTATION PH 2 00-00 XXXXXX XXXX. PH 4 LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32164 INSTALL XX-000, XXXXXXXX X/X, XX0, XX0, XX0, XX0 AND PH6. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== FARRAGUT SUBSTATION PH 2 00 XXXX XX. PH 3 BROOKLYN, NY 11201 PH 4 PH 5 LOCATION: ========= DESCRIPTION: ============ TOTAL: ======

Special Condition. THE CONTRACTOR SHALL PROMPTLY REPORT VERBALLY TO THE LOCATION'S CONTRACT ADMINISTRATOR AND IN WRITING TO CON EDISON ALL ACCIDENTS WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE CONTRACT, WHETHER ON OR ADJACENT TO THE WORK SITE, WHICH RESULTS IN DEATH, INJURY OR PROPERTY DAMAGE; GIVING DETAILS AND STATEMENTS OF WITNESSES. IN ADDITION, IF DEATH OR SERIOUS INJURY OR DAMAGE IS CAUSED, THE CONTRACTOR SHALL IMMEDIATELY REPORT THE ACCIDENT DIRECTLY TO THE LOCATION'S CONTRACTOR ADMINISTRATOR. . ACKNOWLEDGEMENT . IF THE FOREGOING IS ACCEPTABLE TO YOU, SO INDICATE BY HAVING A COPY OF THIS PURCHASE ORDER SIGNED BY A DULY AUTHORIZED REPRE- SENTATIVE OF YOUR FIRM AND RETURNED TO CON EDISON, BUYER . ACCEPTED AND AGREED TO . FOR: . **PURCHASE ORDER** PAGE 7 12 PURCHASE ORDER NUMBER 137257 132894 CURRENT DATE 12/21/11 07/29/11 TERMS AND CONDITIONS FOR: . BY: . TITLE: . DATE: COMMITMENT TO ENVIRONMENTAL EXCELLENCE ====================================== OUR CORPORATE ENVIRONMENTAL POLICY ================================== CON XXXXXX'S POLICY IS TO DEMONSTRATE LEADERSHIP AND EXCELLENCE IN ENVIRONMENTAL PROTECTION. OUR COMMITMENT TO ENVIRONMENTAL EXCELLENCE MUST BE EVIDENT IN ALL COMPANY OPERATIONS. IT SHOULD BE KNOWN AND UNDERSTOOD BY THE COMPANY'S EMPLOYEES, CUSTOMERS AND SHAREHOLDERS, AND CONTINUOUSLY REINFORCED BY OUR ACTIONS WITHIN AND OUTSIDE THE COMPANY. EVERY CON XXXXXX EMPLOYEE HAS A PERSONAL OBLIGATION TO MEET THE FUNDAMENTAL WORKPLACE REQUIREMENTS ESTABLISHED BY LAW AND BY REGULATION, AND TO REACH BEYOND THESE BASIC REQUIREMENTS TO REALIZE A HIGHER LEVEL OF ACHIEVEMENT. TO ACHIEVE THESE GOALS AND TO ENCOURAGE EMPLOYEES TO CARE FOR THE ENVIRONMENT AND APPRECIATE ITS IMPORTANCE, CON XXXXXX WILL : - MAINTAIN IN EACH COMPANY ORGANIZATION AN ACCOUNTABILITY FOR ENVIRONMENTAL HEALTH AND SAFETY; - PROVIDE TRAINING TO PREPARE EMPLOYEES TO MEET ENVIRONMENTAL CHALLENGES; - INTEGRATE SOUND ENVIRONMENTAL PRACTICES IN ALL ASPECTS OF OUR BUSINESS; - SUPPORT RESEARCH TO DEVELOP NEW TECHNOLOGIES TO IMPROVE ENVIRONMENTAL PERFORMANCE; - STRIVE FOR CONTINUOUS IMPROVEMENT IN WASTE REDUCTION AND RECYCLING, POLLUTION PREVENTION AND RISK REDUCTION; - MAINTAIN OPEN COMMUNICATIONS ON ENVIRONMENTAL ISSUES WITH REGULATORY AGENCIES, ENVIRONMENTAL GROUPS, CUSTOMERS AND EMPLOYEES; - WORK WITH OUR CUSTOMERS TO PURSUE AND PROMOTE ENERGY EFFICIENCY; AND - PERIODICALLY AND OBJECTIVELY AUDIT AND EVALUATE OUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, AND ADDRESS OPPORTUNITIES FOR IMPROVEMENT IN A PROMPT AND EFFECTIVE MANNER. CON EDISON HAS A POLICY OF ENVIRONMENTAL EXCELLENCE AND REQUIRES ALL OF ITS CONTRACTORS AND SUBCONTRACTORS TO SHARE ITS COMMIT- MENT TO ENVIRONMENTAL EXCELLENCE. CONTRACTORS, SUBCONTRACTORS OR ANY OF THEIR EMPLOYEES THAT VIOLATE THIS POLICY WILL BE SUBJECT TO DISCIPLINARY ACTION, INCLUDING REMOVAL FROM THE JOB AND OUR LIST OF APPROVED BIDDERS. CONTRACTORS SHALL INCLUDE THIS INFORMATION IN THEIR SUBCONTRACTS. SPECIAL NOTE TO CONTRACTOR: **PURCHASE ORDER** PAGE 8 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 =========================== . CONTRACTOR SHALL NOT MOBILIZE OR BEGIN ANY WORK PRIOR TO SUBMITTING A JOB SPECIFIC/SITE SPECIFIC HEALTH AND SAFETY PLAN (HASP) TO THE PROJECT MANAGER AND SUBSEQUENTLY RECEIVING AN APPROVAL OF SUCH PLAN IN WRITING FROM THE CON EDISON FACILITY ENVIRONMENTAL REPRESENTATIVE. FAILURE TO COMPLY WITH THIS INSTRUCTION MAY RESULT IN SUSPENSION FROM CON XXXXXX'S BIDDERS LIST. . THE SELLER/CONTRACTOR IS REQUIRED TO ASSURE THAT ALL VEHICLES, INCLUDING THOSE OF SUBCONTRACTORS USED IN THE PERFORMANCE OF WORK FOR CON XXXXXX, ARE MAINTAINED IN GOOD WORKING CONDITION AND ARE NOT LEAKING ANY FLUIDS. PARTICULAR ATTENTION IS TO BE PAID, BUT NOT LIMITED TO, HYDRAULIC SYSTEMS ON EACH VEHICLE. THE DRIVER MUST IMMEDIATELY NOTIFY A CON XXXXXX AUTHORIZED REPRESENTATIVE IN THE EVENT OF A LEAK OR SPILL FROM A VEHICLE OR CONTAINER CARRIED ON A VEHICLE WHILE ON CON EDISON PROPERTY. THE DRIVER MUST WAIT FOR INSTRUCTIONS BEFORE MOVING THE VEHICLE UNLESS FIELD CONDITIONS REQUIRE IT, AND THEN, ONLY TO THE NEAREST SAFE POINT. THE DRIVER WILL BE REQUIRED TO ELIMINATE THE LEAK OR SPILL BEFORE LEAVING CON EDISON PROPERTY. THE SELLER/CONTRACTOR SHALL BE REQUIRED TO REIMBURSE CON XXXXXX FOR ALL COSTS ASSOCIATED WITH THE CLEANUP OF LEAKS AND SPILLS. . THIS CONTRACT IS SUBJECT TO APPENDIX A, REQUIRED CLAUSES AND CERTIFICATIONS, DATED JULY 2007, AND ANY APPLICABLE STANDARD TERMS AND CONDITIONS DOCUMENT WHICH INCORPORATES A DIFFERENT APPENDIX A IS HEREBY AMENDED TO INCORPORATE THE ABOVE-DESCRIBED APPENDIX A INSTEAD. . APPENDIX A CAN BE FOUND ON THE COMPANY'S WEBSITE. GIFT POLICY: SELLER IS INFORMED THAT IT IS A STRICT CON EDISON POLICY THAT NEITHER EMPLOYEES OF CON XXXXXX EDISON NOR MEMBERS OF THEIR FAMILIES SHALL ACCEPT GIFTS FROM SELLERS OR OTHERS TRANSACTING OR SEEKING TO TRANSACT ANY BUSINESS WITH CON XXXXXXEDISON. THE OFFERING OR GIVING OF SUCH GIFTS BY SELLER, WHETHER OR NOT MADE WITH INTENT TO OBTAIN SPECIAL CONSIDERATION, SHALL BE DEEMED TO BE A MATERIAL BREACH OF CONTRACT ENTITLING CON XXXXXX EDISON TO CANCEL THE CONTRACT AND REMOVE SELLER FROM ITS LIST OF QUALIFIED BIDDERS IF IT ELECTS TO DO SO. SHIPPING TERMS: NOT APPLICABLE **PURCHASE ORDER** PAGE 9 PURCHASE ORDER NUMBER 137257 CURRENT DATE 12/21/11 PAYMENT TERMS: NET 30 DAY ***PAYMENT TO ABOVE VENDOR ONLY*** BY FOR CON EDISON TOTAL PAGES 9 □ 12 _ ATTACHMENT NO. 5 6 PURCHASE ORDER NO.: 1-37261 33298 FILENAME: PMS-PO #137261 133298 **PURCHASE ORDER** PAGE 1 CURRENT DATE 12/22/11 08/05/11 PURCHASE ORDER NUMBER 137261 133298 PURCHASE ORDER DATE 12/13/11 06/08/11 PURCHASE REQ. NUMBER 000-0-0000 TO: . VENDOR CODE U26 V2 AUTHORIZED DOLLARS FUNDING ORDER ACCOUNT NUMBER VARIOUS STATISTICS 1/2 SHIP TO: MAIL ORIGINAL INVOICES TO VARIOUS SUBSTATIONS CON EDISON CON EDISON ACCOUNTS PAYABLE ADDRESSES LISTED IN 137261 30 FLATBUSH AVENUE 133298 X.X. XXX 000 XXXXXXXXXXX XXXX XXX XXXX, XX 00000 XXXXXX STATION XXXX XXXXXXXXX XXX XXXX X.X. 00000 XXXXXXX XXXXXXX XXXXXXXX NEW YORK N.Y. 10276 (000212) 000460-0000 3510 FOR INVOICE STATUS, CLICK ON "VENDOR INFORMATION" AT XXX.XXXXX.XXX BUYER: XXXXXX X XXXXX XX XXXXXXX 000-000-0000 75391 SCOPE OF WORK: VENDOR TO PROVIDE ALL LABOR, MATERIAL, SUPERVISION AND EQUIPMENT REQUIRED TO INSTALL FM-200 FIRE SUPPRESSION SYSTEMS IN SUBSTATION OPERATIONS PUMPING, COOLING AND PURS PLANTS AS SHOWN IN 85253 ITEM QUANTITY DELIVERY DATE UNIT PRICE UNIT INSP CODE THIS REQUISITIONIS A TERM ORDER WITH START DATE 08/D ENDATE 08/07/14. ALL WORK IS TO BE COMPLETED AS PER ENGINEERING SPECIFICATION, CE1 0 08/08/11 -CONED-MS-3500-24218-11 TITLED, "ENGINEERING, PURCHASE AND INSTALLATION, SPECIFICATION FM-200 CLEAN AGENT FIRE SUPPRESSION SYSTEMS, 28 VARIOUS PUMPING, COOLING AND PURS PLANT LOCATIONS, REVISION 00E- - CON EDISON USE ONLY." INSTALL FM-200, XXXXXX S/S, PH8. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== XXXXXX SUBSTATION PH8 00-00 XXXXXX XXXX. LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32162 INSTALL XX-000, XXXXXXX XXXX X/X, XX00. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== ASTORIA WEST SUBSTATION PH14 00XX XXX. & 00XX XX. XXXXXXX, XX 00000 CE WORK ORDER# 32163 **PURCHASE ORDER** PAGE 2 PURCHASE ORDER NUMBER 137261 CURRENT DATE 12/22/11 INSTALL XX-000, XXXXXX X/S, PH2 AND PH4. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== VERNON SUBSTATION PH 2 00-00 XXXXXX XXXX. PH 4 LONG ISLAND CITY, NY 11106 CE WORK ORDER# 32164 INSTALL XX-000, XXXXXXXX X/X, XX0, XX0, XX0, XX0 AND PH6. LOCATION: DESCRIPTION: TOTAL: ========= ============ ====== FARRAGUT SUBSTATION PH 2 00 XXXX XX. PH 3 BROOKLYN, NY 11201 PH 4 PH 5 LOCATION: ========= DESCRIPTION: ============ TOTAL: ======