Common use of PURPOSE AND IMPLEMENTATION Clause in Contracts

PURPOSE AND IMPLEMENTATION. Bloom Energy has leased space in Building 543, for the laboratory and IT server room comprising of approximately 252 square feet of lab and server room, and use of land comprising of approximately 44,179 square feet. This Umbrella Agreement (hereinafter referred to as the “Agreement” or “Umbrella Agreement”) shall be for the purpose of providing Demand Services to Bloom, as described in the Enhanced Use Lease ARC-2023-0579, Section 3.1(B)(iv). NASA will provide the services under this Umbrella Agreement only to the extent that the provision of such services does not result in NASA competing with the private sector. This requirement is embodied in NASA Policy Directive 9080.1, NASA Advisory Implementing Instruction 1050.1, and the National Space Policy of the United States (June 28, 2010, as amended December 11, 2017). The Parties shall execute one (1) Annex Agreement (hereinafter referred to as the “Annex”) concurrently with this Umbrella Agreement. The Parties may execute subsequent Annexes under this Umbrella Agreement consistent with the purpose and terms of this Umbrella Agreement. This Umbrella Agreement shall govern all Annexes executed hereunder; no Annex shall amend this Umbrella Agreement. Nevertheless, Annexes may include an additional sentence to Article 8.C. (titled “Liability”), in standard approved form, which shall be applicable solely to the activities conducted under such Annex. Each Annex will detail the specific purpose of the proposed activity, responsibilities, schedule and milestones, and any personnel, property or facilities to be utilized under the task. This Umbrella Agreement takes precedence over any Annexes. In the event of a conflict between the Umbrella Agreement and any Annex concerning the meaning of its provisions, and the rights, obligations and remedies of the Parties, the Umbrella Agreement is controlling.

PURPOSE AND IMPLEMENTATION. Bloom Energy has leased space in Building 543, for the laboratory and IT server room comprising of approximately 252 square feet of lab and server room, and use of land comprising of approximately 44,179 square feet. This Umbrella Agreement (hereinafter referred to as the “Agreement” or “Umbrella Agreement”) shall be for the purpose of NASA providing Demand Services to Bloomspace system: operations services, subject matter expertise, analysis, testing, and/or flight data collection, for commercial spaceflight missions of the Partner. Such missions may include human spaceflight but not involving any Government Astronaut personnel as described defined in 51 U.S.C. Sec 50902(4), and not involving any NASA crewed space system such as the Enhanced Use Lease ARC-2023-0579, Section 3.1(B)(ivInternational Space Station (ISS). NASA will provide the services under this Umbrella Agreement only to the extent that the provision of such services does not result xxxxx://xxx.xxx.xxx/space/licenses/human_spaceflight/ . These activities are in NASA competing keeping with the private sector. This requirement is embodied in NASA Policy Directive 9080.1, NASA Advisory Implementing Instruction 1050.1, and the National Space Policy xxxxx://xxx.xxxxxxxxxxxxxxx.xxx/documents/2020/12/16/2020-27892/the- national-space-policy for “…encouraging and facilitating the continued growth of a domestic commercial space sector…”, and directing NASA to “Continue to grow partnerships with the United States (June 28commercial space sector to enable safe, 2010reliable, as amended December 11, 2017)and cost-effective transport of crew and cargo to destinations in low Earth and cislunar orbits,…”. The Parties shall execute one (1) Annex Agreement (hereinafter referred to as the “Annex”) concurrently with this Umbrella Agreement. The Parties may execute subsequent Annexes under this Umbrella Agreement consistent with the purpose and terms of this Umbrella Agreement. This Umbrella Agreement shall govern all Annexes executed hereunder; no Annex shall amend this Umbrella Agreement. Nevertheless, Annexes may include an additional sentence to Article 8.C. (titled “Liability”), in standard approved form, which shall be applicable solely to the activities conducted under such Annex. Each Annex will detail the specific purpose of the proposed activity, responsibilities, schedule and milestones, and any personnel, property or facilities to be utilized under the task. This Umbrella Agreement takes precedence over any Annexes. In the event of a conflict between the Umbrella Agreement and any Annex concerning the meaning of its provisions, and the rights, obligations and remedies of the Parties, the Umbrella Agreement is controlling.

PURPOSE AND IMPLEMENTATION. Bloom Energy has leased space in Building 543, for the laboratory and IT server room comprising of approximately 252 square feet of lab and server room, and use of land comprising of approximately 44,179 square feet. This Umbrella Agreement (hereinafter referred to as the “"Agreement” " or “"Umbrella Agreement”") shall be for the purpose of providing Demand Services to BloomPartner with services identified in Exhibit B, as described Reimbursable Support Services. NASA may provide similar services not specifically identified in the Enhanced Use Lease ARC-2023-0579, Section 3.1(B)(iv)Exhibit B on these same terms. NASA will only provide the services under this Umbrella Agreement only to the extent when NASA KSC has determined that the provision of providing such services does will not result in NASA competing preclude, discourage, or compete with United States commercial space activities per the private sector. This requirement is embodied in National Space Policy (December 9, 2020), and will fully comply with NASA Policy Directive 9080.1, 9080.1 and NASA Advisory Implementing Instruction 1050.11050-1. NASA KSC will make services available to Partner on an "as available, noninterference" basis with NASA requirements and the National Space Policy of the previous NASA commitments or launch operations. The Parties agree that any determination by NASA that a requested service is not available, that providing a service would preclude, discourage, or compete with United States (June 28commercial space activities, 2010or that providing a service would interfere with NASA's ongoing or projected launch operations will be conclusive and not subject to legal claim, as amended December 11judicial review, 2017)or other appeal. The Parties shall execute one (1) Annex Agreement (hereinafter referred to as the “"Annex”") concurrently with this Umbrella Agreement. The Parties may execute subsequent Annexes under this Umbrella Agreement consistent with the purpose and terms of this Umbrella Agreement. This Umbrella Agreement shall govern all Annexes executed hereunder; no Annex shall amend this Umbrella Agreement. Nevertheless, Annexes may include an additional sentence to Article 8.C. (titled “Liability”), in standard approved form, which shall be applicable solely to the activities conducted under such Annex. Each Annex will detail the specific purpose of the proposed activity, responsibilities, schedule and milestones, and any personnel, property property, or facilities to be utilized under the task. This Umbrella Agreement takes precedence over any Annexes. In the event of a conflict between the Umbrella Agreement and any Annex concerning the meaning of its provisions, and the rights, obligations and remedies of the Parties, the Umbrella Agreement is controlling.

PURPOSE AND IMPLEMENTATION. Bloom Energy has leased space in Building 543, for the laboratory and IT server room comprising of approximately 252 square feet of lab and server room, and use of land comprising of approximately 44,179 square feet. This Umbrella Agreement (hereinafter referred to as the “"Agreement” " or “"Umbrella Agreement”") shall be for the purpose of providing Demand Services enabling collaboration between NASA and The Port Authority of New York and New Jersey to Bloomsupport research related to the initiation and integration of Urban Air Mobility (UAM) and Advanced Air Mobility (AAM) vehicles into highly complex urban environments for commercial operations. For the Port Authority, as described this is a continuing effort to best serve its business model and customer need. Nothing in this Agreement shall be construed to obligate the Enhanced Use Lease ARC-2023-0579Port Authority to commit funds in furtherance of this agreement, Section 3.1(B)(iv)which includes any adjoining annexes. Furthermore, the Port Authority enters into this Agreement with the express understanding of the Parties that no Commissioner, director, shareholder, officer, partner, member, agent or employee of the Port Authority, shall be charged personally or held contractually liable by or to the other party under any term or provision of this Agreement or of any supplement, modification or amendment to this Agreement or because of any breach thereof, or because of its or their execution or attempted execution. The Parties also acknowledge that the Port Authority does not intend to provide NASA will provide the services with any Proprietary Data or to employ Related Entities under this Umbrella Agreement only to the extent that the provision of such services does not result in NASA competing with the private sector. This requirement is embodied in NASA Policy Directive 9080.1, NASA Advisory Implementing Instruction 1050.1, and the National Space Policy of the United States (June 28, 2010, as amended December 11, 2017)Agreement. The Parties shall execute one (1) Annex Agreement (hereinafter referred to as the “"Annex”") concurrently with this Umbrella Agreement. The Parties may execute subsequent Annexes under this Umbrella Agreement consistent with the purpose and terms of this Umbrella Agreement. This Umbrella Agreement shall govern all Annexes executed hereunder; no Annex shall amend this Umbrella Agreement. Nevertheless, Annexes may include an additional sentence to Article 8.C. (titled “Liability”), in standard approved form, which shall be applicable solely to the activities conducted under such Annex. Each Annex will detail the specific purpose of the proposed activity, responsibilities, schedule and milestones, and any personnel, property or facilities to be utilized under the task. This Umbrella Agreement takes precedence over any Annexes. In the event of a conflict between the Umbrella Agreement and any Annex concerning the meaning of its provisions, and the rights, obligations and remedies of the Parties, the Umbrella Agreement is controlling.

PURPOSE AND IMPLEMENTATION. Bloom Energy has leased space in Building 543, for the laboratory and IT server room comprising of approximately 252 square feet of lab and server room, and use of land comprising of approximately 44,179 square feet. This Umbrella Agreement (hereinafter referred to as the “Agreement” or “Umbrella Agreement”) shall be for the purpose of providing Demand Services developing a partnership that will include propulsion testing, engineering support, NASA SSC site services, etc., that will allow the government to Bloom, as described assist in the Enhanced Use Lease ARC-2023-0579advancement of the commercialization of space through the working partnership of this agreement. Evolution Space, Section 3.1(B)(iv)Inc. is requesting NASA’s assistance in these areas. NASA will provide the services Such rocket propulsion testing and support is consistent with NASA’s mission, and activities conducted under this Umbrella Agreement only to arrangement will involve certain goods, services, facilities, and/or equipment not commercially available in the extent that the provision of such services does not result in NASA competing with the private sector. This requirement is embodied in NASA Policy Directive 9080.1, NASA Advisory Implementing Instruction 1050.1, and the National Space Policy of the United States (June 28, 2010, as amended December 11, 2017). U.S. The Parties shall execute one (1) Annex Agreement (hereinafter referred to as the “Annex”) concurrently with this Umbrella Agreement. The Parties may execute subsequent Annexes under this Umbrella Agreement consistent with the purpose and terms of this Umbrella Agreement. This Umbrella Agreement shall govern all Annexes executed hereunder; no Annex shall amend this Umbrella Agreement. Nevertheless, Annexes may include an additional sentence to Article 8.C. (titled “Liability”), in standard approved form, which shall be applicable solely to the activities conducted under such Annex. Each Annex will detail the specific purpose of the proposed activity, responsibilities, schedule and milestones, and any personnel, property property, or facilities to be utilized under the task. This Umbrella Agreement takes precedence over any Annexes. In the event of a conflict between the Umbrella Agreement and any Annex concerning the meaning of its provisions, and the rights, obligations and remedies of the Parties, the Umbrella Agreement is controlling.

PURPOSE AND IMPLEMENTATION. Bloom Energy has leased space in Building 543, for the laboratory and IT server room comprising of approximately 252 square feet of lab and server room, and use of land comprising of approximately 44,179 square feet. This Umbrella Agreement (hereinafter referred to as the “Agreement” or “Umbrella Agreement”) shall be for the purpose of providing Demand Services to Bloom, as described Partner with NASA KSC services in the Enhanced Use Lease ARC-2023-0579, Section 3.1(B)(iv). support of Partner's activities when NASA will provide the services under this Umbrella Agreement only to the extent that the provision of such services does not result in NASA competing KSC has determined that—(a) consistent with the private sector. This requirement is embodied in NASA Policy Directive 9080.1, NASA Advisory Implementing Instruction 1050.1, and the National Space Policy of the United States (June 28, 2010), NASA Policy Directive 9080.1, and NASA Advisory Implementing Instruction 1050-1, providing such services will not preclude, discourage, or compete with United States commercial space activities, and (b) NASA KSC will not provide the services under Commercial Space Launch Act (CSLA) authority. NASA KSC will make services available to Partner on an "as amended December 11available, 2017noninterference" basis with NASA requirements and previous NASA commitments or launch operations. NASA may provide services not specifically identified in the exhibit on reimbursable support services (Exhibit B). The Parties agree that any determination by NASA that a requested service is not available, that providing a service would preclude, discourage, or compete with United States commercial space activities, or that providing a service would interfere with NASA’s ongoing or projected launch operations will be conclusive and not subject to legal claim, judicial review, or other appeal. The Parties shall execute one (1) Annex Agreement (hereinafter referred to as the “Annex”) concurrently with this Umbrella Agreement. The Parties may execute subsequent Annexes under this Umbrella Agreement consistent with the purpose and terms of this Umbrella Agreement. This Umbrella Agreement shall govern all Annexes executed hereunder; no Annex shall amend this Umbrella Agreement. Nevertheless, Annexes may include an additional sentence to Article 8.C. (titled “Liability”), in standard approved form, which shall be applicable solely to the activities conducted under such Annex. Each Annex will detail the specific purpose of the proposed activity, responsibilities, schedule and milestones, and any personnel, property or facilities to be utilized under the task. This Umbrella Agreement takes precedence over any Annexes. In the event of a conflict between the Umbrella Agreement and any Annex concerning the meaning of its provisions, and the rights, obligations and remedies of the Parties, the Umbrella Agreement is controlling.