BLOOM ENERGY CORPORATION FORM OF EMPLOYMENT, CHANGE IN CONTROL AND SEVERANCE AGREEMENTControl and Severance Agreement • August 6th, 2021 • Bloom Energy Corp • Electrical industrial apparatus • California
This Employment, Change in Control and Severance Agreement (the “Agreement”), entered into effective as of [______], 2021 (the “Effective Date”) between Bloom Energy Corporation, a Delaware corporation (the “Company”) and [NAME] (“Executive” and, together with the Company, the “Parties”). This Agreement supersedes in its entirety that certain offer letter between Executive and the Company dated as of [___________] (“Offer Letter”).
PURCHASE, ENGINEERING, PROCUREMENT AND CONSTRUCTION CONTRACTbetweenBLOOM ENERGY CORPORATIONas ContractorandRAD 2021 BLOOM ESA FUND I, LLC,RAD 2021 BLOOM ESA FUND II, LLC,RAD 2021 BLOOM ESA FUND III, LLC,RAD 2021 BLOOM ESA FUND IV, LLC, and RAD 2021...Assignment Agreement • August 6th, 2021 • Bloom Energy Corp • Electrical industrial apparatus • New York
This Purchase, Engineering, Procurement and Construction Contract (this “Agreement” or this “EPC”), dated as of June 25, 2021 (the “Effective Date”), is entered into by and between (i) BLOOM ENERGY CORPORATION, a Delaware corporation (“Contractor”), (ii) RAD 2021 BLOOM ESA FUND I, LLC, a Delaware limited liability company, RAD 2021 BLOOM ESA FUND II, LLC, a Delaware limited liability company, RAD 2021 BLOOM ESA FUND III, LLC, a Delaware limited liability company, RAD 2021 BLOOM ESA FUND IV, LLC, a Delaware limited liability company, and RAD 2021 BLOOM ESA FUND V, LLC, a Delaware limited liability company (each a “Buyer” and collectively, the “Buyers”) and (iii) solely for purposes of Sections 5.10, 6.01(d), 6.02(I), 7.01(d), 10.04(b), 10.04(c) and 10.04(d), RAD BLOOM PROJECT HOLDCO LLC, a Delaware limited liability company (“Company”). Contractor and Buyers are referred to in this EPC individually, as a “Party” and, collectively, as the “Parties”.
THIRD AMENDMENT TO LEASEBloom Energy Corp • August 6th, 2021 • Electrical industrial apparatus • California
THIS THIRD AMENDMENT TO LEASE (“Amendment”) is dated effective and for identification purposes as of June 6, 2021, and is made by and between SPUS9 237 AT FIRST STREET, LP, a Delaware limited partnership (“Landlord”), and BLOOM ENERGY CORPORATION, a Delaware corporation (“Tenant”).
ContractOperations and Maintenance Agreement • August 6th, 2021 • Bloom Energy Corp • Electrical industrial apparatus
CERTAIN CONFIDENTIAL INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND REPLACED WITH “[…***…]” BECAUSE IT IS NOT MATERIAL AND WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.
