Common use of EPC Contractor Clause in Contracts

EPC Contractor. The Parties intend that Distributor will be the EPC Contractor for any Project for which it has exercised the ROFR. However, if Company provides its prior written consent regarding the third party chosen to serve as the EPC Contractor for such Project (a Project for which Distributor is not the EPC Contractor, a “Non-EPC Project”) and the terms of such relationship, then Distributor may nonetheless exercise the ROFR for such Project and the Parties may execute a Purchase Order for such Project. All activities of any EPC Contractor (including without limitation Distributor) shall be subject to the intellectual property provisions set forth in Section 3(a), and Company (and not Distributor or any third party) shall perform all activities which require opening a Bloom Energy Server, including without limitation in connection with the commissioning of each Project. For the avoidance of doubt, EPC Contractor pricing shall be taken into consideration by Distributor when Distributor determines whether to exercise a ROFR, and the pricing set forth in Section 5 shall not be subject to change arising out of costs and expenses related to the EPC Contractor of a Project.