Exhibit J. The Separation Agreement is hereby amended by adding Exhibit B of this Amendment to the Separation Agreement as Exhibit J thereto.
Exhibit J. Seller Corporate Safety Plan Seller will maintain and adhere to a Seller Corporate Safety Plan at all times during the term of this Agreement. Such plan will be maintained, in writing, at Seller corporate headquarters and will include, without limitation programs with respect to: • Contractor Environmental Health & Safety Program • Contractor Environmental Health & Safety Program • Injury and Illness Prevention Program • Heat Illness Prevention Program • Emergency Action and Fire Prevention Plan • Hazard Communication Program • Corporate Electrical Standard – Specific Electrical Safe Work Practices • Electrical Safety Awareness • Lockout/Tagout • Fall Protection Program (Working at Heights) • Ladder Safety Program • Powered Industrial Trucks (PIT) • Hoist Safety Program • Personal Protective Equipment (PPE) • Respiratory Protection Program • Hearing Conservation Program • Hand and/or Powered Tools Safety Program • Hot Work Process • First Aid / CPR Program Exhibit K Subcontractor Quality Plan Seller will adhere to the following standards and processes as applicable when engaging subcontractors for performance under this Agreement. • General contractors will be subject to the terms and conditions set forth in The American Institute of Architects Document A107 – 2007 as amended in certain cases • General contractors are required to complete a Bloom Energy Contractor Qualification Training Program • General contractor superintendents and foremen must be certified and qualified by Seller to be on site • Standard safety protocols will be observed at all times: • Site superintendents are OSHA30 certified • Seller superintendents ensure general contractors follow all local and state OSHA and owner requirements • Confirmation of “Injury and Illness Prevention Program” • Seller included in the ISN program – 3rd party safety evaluation • A project superintendent assigned by Seller will review subcontractor work according to a standard site verification check list • Contractors will submit Contractor Quality Guarantees for each site providing written verification of points of assurance including torques per site, Megger testing and line flushing • Prestart verification conducted for all sites to review and confirm the quality of subcontractor work • Prior to commencement of operations, Seller conducts an “OK to Start” meeting during which subcontractor quality of work is reviewed and confirmed as resolved • All incidents are logged in a database and reviewed on an on...
Exhibit J. SCHEDULE 3.1(A) --------------- TWC MEMBERS RECEIVING CASH AND PARENT STOCK SCHEDULE 4.3(A) --------------- CAPITALIZATION OF TWC SCHEDULE 4.3(B) --------------- LIENS ON TWC MEMBERSHIP INTERESTS SCHEDULE 4.5 ------------ CONFLICTS, REQUIRED FILINGS AND CONSENTS OF TWC SCHEDULE 4.7 ------------ EXCEPTIONS TO ABSENCE OF CHANGES OF TWC SCHEDULE 4.8 ------------ UNDISCLOSED LIABILITIES OF TWC SCHEDULE 4.9 ------------ EXCEPTIONS TO TITLE TO PROPERTIES OF TWC SCHEDULE 4.10 ------------- BAD EQUIPMENT OF TWC SCHEDULE 4.12 ------------- LIENS ON REAL PROPERTY OF TWC SCHEDULE 4.13 ------------- LEASES OF TWC SCHEDULE 4.14 ------------- CONTRACTS OF TWC SCHEDULE 4.15 ------------- MANAGERS AND OFFICERS OF TWC SCHEDULE 4.16 ------------- PAYROLL INFORMATION OF TWC SCHEDULE 4.17 ------------- LITIGATION SCHEDULE 4.18 ------------- EMPLOYEE BENEFIT PLANS/LABOR RELATIONS OF TWC SCHEDULE 4.19 ------------- ERISA ISSUES OF TWC SCHEDULE 4.21 ------------- TWC PERMITS SCHEDULE 4.23 ------------- TWC BROKERS SCHEDULE 4.25 ------------- INTEREST IN CUSTOMERS, SUPPLIERS, COMPETITORS SCHEDULE 4.28 ------------- INSURANCE OF TWC SCHEDULE 5.3 ------------ CONFLICTS, REQUIRED FILINGS AND CONSENTS OF PARENT AND SUB SCHEDULE 5.4 ------------ PARENT LITIGATION SCHEDULE 5.5 ------------ PARENT AND SUB BROKERS SCHEDULE 5.6 ------------ OUTSTANDING OBLIGATIONS TO ISSUES OPTIONS, WARRANTS OR OTHER PARENT STOCK RIGHTS SCHEDULE 5.7 ------------ SUBSIDIARIES OF PARENT SCHEDULE 5.9 ------------ PARENT UNDISCLOSED LIABILITIES SCHEDULE 5.13 ------------- EXCEPTIONS TO ABSENCE OF CHANGES SCHEDULE 6.1 ------------ CONDUCT OF BUSINESS BY TWC PENDING THE MERGER SCHEDULE 6.6 ------------ PARENT STOCK OPTIONS TO EMPLOYEES OF TWC SCHEDULE 7.1(C) --------------- PARENT CONSENTS SCHEDULE 7.2(C) --------------- TWC CONSENTS SCHEDULE 10.11 -------------- PERMITTED LIENS OF TWC
Exhibit J. Nondiscrimination Requirements During the performance of this Agreement, Concessionaire, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:
Exhibit J. Minimum Value Filing Exceptions No financing statements are filed against an Obligor located in a particular State describing Equipment which is the subject of a particular Contract of any Financing Originator, unless the fair market value of the Equipment (determined in accordance with its Customary Policies and Procedures) related to such particular Contract is at least $25,000.
Exhibit J. With respect to joint ventures (including predecessor entities), only entities listed on XIV.X.1.b.Exhibit J are Released Entities. With respect to wholly-owned subsidiaries (including predecessor entities), XIV.X.1.b.Exhibit J represents a good faith effort by the Settling Distributors to list all such entities, but any and all wholly-owned subsidiaries (including predecessor entities) of any Settling Distributor are Released Entities, whether or not they are listed on XIV.X.1.b.
Exhibit J. For the avoidance of doubt, any entity acquired, or joint venture entered into, by a Settling Distributor after the Reference Date is not a Released Entity.
Exhibit J. Exhibit J hereto may be amended or supplemented from time to time by (i) written notice from Lender to Borrower of any such amendment or supplement or (ii) delivery by Lender to Borrower of a copy of Exhibit J as so amended or supplemented; PROVIDED that (a) such amendment or supplement relates to one or more credit and security agreements or other similar agreements among Lender, Borrower and Guarantor, and (b) such credit and security agreement relates to the financing of a certificate issued in connection with a XXXX Reinsured Series, the spread account relating to which is crossed, pursuant to the related Spread Account Agreement or any other spread account agreement relating thereto, with the spread account of one or more of the Crossed Residual Financing Agreements listed on Exhibit J, whether at present so listed or hereafter added to Exhibit J. In addition, if Lender delivers changes to Exhibit J to any Other Residual Financing Agreement as provided therein, Exhibit J hereto shall automatically and without further action be amended by such changes; PROVIDED that such change relates to one or more credit and security agreements or other similar agreements among Lender, Borrower and Guarantor.
Exhibit J. Description of patent infringement charges, if any, and description of the resolution of any such charges resolved by judicial decree.
Exhibit J. The Warrant to Purchase Shares of Common Stock, which serves as Exhibit C to this Amendment, shall serve as Exhibit J to the Purchase Agreement.
