Exhibit 10.26
H POWER CORP.
00 Xxxxxxxxxx Xxxxxx
Xxxxxxxxxx, XX 00000
March 25, 1996
Duquesne Enterprises
Grant Building
Suite 0000
Xxxxxxxxxx, XX 00000
Gentlemen:
This letter shall serve to confirm that in consideration of your agreement
to issue purchase orders to H Power Corp., a Delaware corporation ("H Power"),
pursuant to the Distributor Agreement in substantially the form attached hereto
as Exhibit A (the "Agreement"), H Power agrees to grant to Duquesne Enterprises,
a Pennsylvania corporation, or to any of its parent, subsidiaries or affiliates,
at DE's discretion ("DE"), the exclusive right to distribute H Power stationary
power fuel cell systems in Pennsylvania, Ohio and West Virginia, pursuant to the
Agreement.
The terms and conditions of the exclusive distributorship granted to DE
shall be as set forth in the Agreement, including without limitation, the
following:
(i) H Power shall grant DE "most favored nation" pricing and
terms, including warranties, supplied to bona fide purchasers
in connection with all purchases of H Power stationary power
fuel cell systems by DE.
(ii) The exclusive rights to distribute H Power fuel cells shall be
subject to reasonable sales quotas to be agreed upon in good
faith by H Power and DE.
H Power and DE shall complete, execute and deliver the Agreement upon the
request of DE.
Please confirm your agreement with the foregoing by executing and
returning the enclosed counterpart original of this letter agreement, whereupon
this letter agreement shall be a binding agreement between H Power and DE.
Intending to be legally bound hereby,
H Power Corp.
By: /s/ X. X. Xxxx
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Title: President
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Accepted and agreed to,
with the intent to be legally bound,
this 25th day of March, 1996.
Duquesne Enterprises
By: /s/ Xxxxxxx Xxxxxxxxx
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Title:
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Exhibit A
Intentionally Omitted
