EFTA00283652.pdf

OSourceOne Energy Solutions September 14, 2011 9 East 71' Street Corporation 9 East 71" Street New York, NY 10021 Attn: Attorney J. Epstein RE: Proposal No. 10P12-3 to orovide a Comprehensive Enerev Assessment Dear Attorney Epstein: SourceOne, Inc. (DE) ("SourceOne") and 9 East 71" Street Corporation (the "Corporation") entered into a proposal dated December 6, 2010 (the "Agreement") to provide a Comprehensive Energy Assessment (the "Project") of the property located at 9 East 71g Street, New York, NY. I would like to direct your attention to the following: 1. The parties agreed that the Project as described in the Agreement was to be performed at a fixed lump sum price of $10,000.00. The Project was completed by SourceOne on or about mid to late December of 2010. 2. SourceOne sent invoice #100379 dated January 31, 2011 in the amount of $10,000.00 to the Corporation for payment. Payment from the Corporation was due no later than thirty (30) days from receipt of invoice. 3. To date, SourceOne has not received payment of the outstanding receivable, despite numerous emails and telephone calls inquiring as to the status of receipt of payment. 4. In the event of a dispute between the parties the Agreement stipulates that the parties shall first negotiate for a certain period of time, and if that is ineffective then mediation will take place. If you decide not to exercise either of these two options, then SourceOne will proceed with further collection actions. 5. In the event SourceOne does not receive payment in the amount of $10,000, we will commence a lawsuit which shall be governed and interpreted with Delaware law, and the federal and state courts of Delaware shall have exclusive jurisdiction over such a lawsuit as stated in the Agreement 6. The Agreement provides that the prevailing party in any action AO be entitled to attorney's fees. Forcing SourceOne to pursue judicial enforcement of an amount the 132 Canal Street. Boston, MA 02114 www.sourceoneenergy.com EFTA00283652 9 East 71" Street Corporation September 14, 2011 Page 2 the Corporation clearly owes will result in an escalation of costs to the Corporation far beyond $10,000 that is due. Please remit payment immediately, but not later than September 30, 2011. If payment is not received by that date, SourceOne will begin collection actions as provided for within the Agreement. Regards, C I Richard J. Smith Vice President - Finance End.: Invoice #100379 132 Canal Street, Boston, MA 02114 I t. www.sourceone-energy.com EFTA00283653  SourceOne Date Invoice Invoice IS 370 7th Avenue 1/31/2011 100379 Suite 704 New York, NY 10001 BM To work Stte 9 E 71st Street Corporation 9 E 71st Street Corporation Aft I Epstein Aft 1Epstein 9 East 71 Street 9 East 71 Street New York, NY 10021 New York, NY 10021 Remit Payment To: SourceOne APT, Inc. PO Box 415402 Boston, MA 02241-5402 ig No. Terms Due Date See Below Due on receipt 1/31/2011 Description Unit Price Net Price Qty practice and incremental energy costs; analyze Interactive effects of improvements if necessary *Consult with contractors, manufacturers, and suppliers as appropriate regarding costs associated with implementing improvements *Review any operation and maintenance savings .Review recommendations with diets and select final list of improvements *Discuss any implementation options and/or restrictions .Develop preliminary budget and time-table estimates for coding, heating and lighting infrastructure upgrades eSetire preliminary budget and time-table estimates for infrastructure upgrades Comprehensive Energy Assessment Report •Etrecutive summary of energy conservation measures, with aggregate costs and savings information for entire program. Offer facility uPgrade recommendations. .Description of each recommended ECM improvement and measures considered but not recommended. *Implementation cost estimate for each recommended measure, with contractor information or product literature as appropriate. *Energy savings cakulations for each improvement and discussion of other benefits as applicable (greater reliability, improved operating control, maintenance savings, enhanced comfort, etc.). *Simple payback analysis for each energy conservation measure. *Outline specifications and other information needed to proceed with implementation. Presentation *Prepare outline of energy conservation options, recommendations and proposed implementation solutions for presentation to owners and management. Total Quote Price 10,000.00 10,000.00 Tax: Not Applicable to Project 0.00% 0.00 Total $10,000.00 _ ... EFTA00283654