0001664703-21-000172 Sample Contracts

Amended and Restated Preferred Distributor Agreement
Preferred Distributor Agreement • November 5th, 2021 • Bloom Energy Corp • Electrical industrial apparatus • California

This Amended and Restated Preferred Distributor Agreement (this “Agreement”) is entered into as of October 23, 2021 (the “Effective Date”) by and among Bloom Energy Corporation (“Bloom Corp”), a corporation established under the laws of the State of Delaware, United States of America, Bloom SK Fuel Cell, LLC (“JV”), a limited liability company organized under the laws of the Republic of Korea, and SK ecoplant Co., Ltd. (f/k/a SK Engineering & Construction Co., Ltd.) (“Distributor”), a corporation established under the laws of the Republic of Korea. Each of Bloom Corp, JV and Distributor are referred to herein as a “Party,” and together, as the “Parties.”

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AMENDMENT TO THE JOINT VENTURE AGREEMENT
The Joint Venture Agreement • November 5th, 2021 • Bloom Energy Corp • Electrical industrial apparatus

This Amendment (this “Amendment”) dated as of October 23, 2021, to that Joint Venture Agreement (“JVA”) dated as of September 24, 2019, is executed by and between SK ecoplant Co., Ltd. (f/k/a SK Engineering & Construction Co., Ltd.) (“SK”) and Bloom Energy Corporation (“Bloom Energy”). SK and Bloom Energy shall be referred to individually as a “Party” and collectively as “Parties.” Capitalized terms used but not defined herein have the meanings ascribed to them in the JVA.

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