Common use of CONFIDENTIAL PRODUCTS Clause in Contracts

CONFIDENTIAL PRODUCTS. Pursuant to 20 California Code of Regulations section 2505(c)(2)(B), the Energy Commission designates the following as confidential. No Confidential Products PART II: PRE-EXISTING INTELLECTUAL PROPERTY Recipient has identified the following intellectual property as pre-existing the effective date of this Agreement and is required for performance of this Agreement but is not a product. Pre-existing Intellectual Property (Please insert "none" in the types that do not apply): Patents Issued Title Patent Number Inventors/ Assignee (Owner) File Date Issue/ Grant Date Country Description none none Patent Applications Title File Date Public Description (2-3 sentences) Trade Secrets Title Public Description (2-3 sentences) none Copyrights Title Copyright Number Owner File Date Issue/ Grant Date Country Description none Trademarks Title Trademark Number Owner File Date Issue/ Grant Date Country Description none Disclosure Memos Title Disclosure Date Memo Number, if applicable Public Description (2-3 sentences) Invention Berkley (DOE National Labs Only) Title Number Date none ATTACHMENT 2: Sample Letter of Agreement Generally, changes that are not significant to the Agreement may be documented in a Letter of Agreement signed by both parties. Recipients must request changes to the Agreement using the procedure described in Exhibit C, Section 11 (Amendments). If the changes are approved, the Commission Agreement Officer will prepare a Letter of Agreement using the format below. Electronic signatures in the form of scanned signatures are acceptable if the Letter of Agreement is sent via email. LETTER OF AGREEMENT California Energy Commission and [Recipient], Agreement Number [#] [Letter of Agreement date] The California Energy Commission (Energy Commission) and [Recipient] (Facility Operator) entered into Agreement Number [#] (Agreement) on [agreement’s effective date]. The purpose of the Agreement is to [brief purpose statement]. The purpose of this Letter of Agreement (Letter) is to add the changes listed in Attachment 1 of this Letter to the Agreement. The changes in Attachment 1 include: [brief description of changes (e.g., formatting revisions)]. Please sign this Letter below and return it to me via e-mail or U.S. mail (if returning via email, an electronic signature in the form of a scanned signature is acceptable). The Energy Commission’s Agreement Officer will then sign the Letter, and a copy containing both signatures will be sent to you via email or U.S. mail. If you have any questions you may call me at (000) 000-0000 or e-mail me at [Agreement Officer’s email address]. Approved by: Sincerely, [NAME OF AGREEMENT OFFICER] Energy Commission Agreement Officer RECIPIENT BY (Authorized Signature) DATE SIGNED − PRINTED NAME AND TITLE OF PERSON SIGNING STATE OF CALIFORNIA California Energy Commission (Energy Commission) BY (Authorized Signature) DATE SIGNED − PRINTED NAME AND TITLE OF PERSON SIGNING LETTER OF AGREEMENT Attachment 1 Changes to Agreement Number [#] Use the format below to list changes to Agreement exhibits. Scope of Work (Exhibit A)

CONFIDENTIAL PRODUCTS. Pursuant to 20 California Code of Regulations section 2505(c)(2)(B), the Energy Commission designates the following as confidential. No Confidential Products PART II: PRE-EXISTING INTELLECTUAL PROPERTY Recipient has identified the following intellectual property as pre-existing the effective date of this Agreement and is required for performance of this Agreement but is not a product. Pre-existing Intellectual Property (Please insert "none" in the types that do not apply): Patents Issued Title Patent Number Inventors/ Assignee (Owner) File Date Issue/ Grant Date Country Description none none Patent Applications Title File Date Public Description (2-3 sentences) Trade Secrets Title Ti tle Public Description (2-3 sentences) none Copyrights Title Copyright Number Owner File Date Issue/ Grant Date Country Description none Trademarks Title Trademark Number Owner File Issue/ Country Description Number Date Issue/ Grant Date Country Description none Disclosure Memos Title Disclosure Date Memo Number, if applicable Public Description (2-3 sentences) Invention Berkley (DOE National Labs Only) Title Number Date none ATTACHMENT 2: Sample Letter of Agreement Generally, changes that are not significant to the Agreement may be documented in a Letter of Agreement signed by both parties. Recipients must request changes to the Agreement using the procedure described in Exhibit C, Section 11 (Amendments). If the changes are approved, the Commission Agreement Officer will prepare a Letter of Agreement using the format below. Electronic signatures in the form of scanned signatures are acceptable if the Letter of Agreement is sent via email. LETTER OF AGREEMENT California Energy Commission and [Recipient], Agreement Number [#] [Letter of Agreement date] The California Energy Commission (Energy Commission) and [Recipient] (Facility Operator) entered into Agreement Number [#] (Agreement) on [agreement’s effective date]. The purpose of the Agreement is to [brief purpose statement]. The purpose of this Letter of Agreement (Letter) is to add the changes listed in Attachment 1 of this Letter to the Agreement. The changes in Attachment 1 include: [brief description of changes (e.g., formatting revisions)]. Please sign this Letter below and return it to me via e-mail or U.S. mail (if returning via email, an electronic signature in the form of a scanned signature is acceptable). The Energy Commission’s Agreement Officer will then sign the Letter, and a copy containing both signatures will be sent to you via email or U.S. mail. If you have any questions you may call me at (000) 000-0000 or e-mail me at [Agreement Officer’s email address]. Approved by: RECIPIENT Sincerely, [NAME OF AGREEMENT OFFICER] Energy Commission Agreement Officer RECIPIENT BY (Authorized Signature) − DATE SIGNED − PRINTED NAME AND TITLE OF PERSON SIGNING STATE OF CALIFORNIA California Energy Commission (Energy Commission) BY (Authorized Signature) − DATE SIGNED − PRINTED NAME AND TITLE OF PERSON SIGNING LETTER OF AGREEMENT Attachment 1 Changes to Agreement Number [#] Use the format below to list changes to Agreement exhibits. Scope of Work (Exhibit A)

CONFIDENTIAL PRODUCTS. Pursuant to 20 California Code of Regulations section 2505(c)(2)(B), the Energy Commission designates the following as confidential. No Confidential Products PART II: PRE-EXISTING INTELLECTUAL PROPERTY Recipient has identified the following intellectual property as pre-existing the effective date of this Agreement and is required for performance of this Agreement but is not a product. Pre-existing Intellectual Property (Please insert "none" in the types that do not apply): Patents Issued Title Patent Number Inventors/ Assignee (Owner) File Date Issue/ Grant Date Country Description none none Patent Applications Title File Date Public Description (2-3 sentences) Trade Secrets Title Ti tle Public Description (2-3 sentences) none Copyrights Title Copyright Number Owner File Date Issue/ Grant Date Country Description none Trademarks Title Trademark Number Owner File Issue/ Country Description Number Date Issue/ Grant Date Country Description none Disclosure Memos Title Disclosure Date Memo Number, if applicable Public Description (2-3 sentences) Invention Berkley (DOE National Labs Only) Title Number Date none ATTACHMENT 2: Sample Letter of Agreement Generally, changes that are not significant to the Agreement may be documented in a Letter of Agreement signed by both parties. Recipients must request changes to the Agreement using the procedure described in Exhibit C, Section 11 (Amendments). If the changes are approved, the Commission Agreement Officer will prepare a Letter of Agreement using the format below. Electronic signatures in the form of scanned signatures are acceptable if the Letter of Agreement is sent via email. LETTER OF AGREEMENT California Energy Commission and [Recipient], Agreement Number [#] [Letter of Agreement date] The California Energy Commission (Energy Commission) and [Recipient] (Facility Operator) entered into Agreement Number [#] (Agreement) on [agreement’s effective date]. The purpose of the Agreement is to [brief purpose statement]. The purpose of this Letter of Agreement (Letter) is to add the changes listed in Attachment 1 of this Letter to the Agreement. The changes in Attachment 1 include: [brief description of changes (e.g., formatting revisions)]. Please sign this Letter below and return it to me via e-mail or U.S. mail (if returning via email, an electronic signature in the form of a scanned signature is acceptable). The Energy Commission’s Agreement Officer will then sign the Letter, and a copy containing both signatures will be sent to you via email or U.S. mail. If you have any questions you may call me at (000) 000-0000 or e-mail me at [Agreement Officer’s email address]. Approved by: RECIPIENT Sincerely, [NAME OF AGREEMENT OFFICERName of Agreement officer] Energy Commission Agreement Officer RECIPIENT BY (Authorized Signature) − DATE SIGNED − PRINTED NAME AND TITLE OF PERSON SIGNING STATE OF CALIFORNIA BY (Authorized Signature) − DATE SIGNED California Energy Commission (Energy Commission) BY (Authorized Signature) DATE SIGNED − PRINTED NAME AND TITLE OF PERSON SIGNING LETTER OF AGREEMENT Attachment 1 Changes to Agreement Number [#] Use the format below to list changes to Agreement exhibits. Scope of Work (Exhibit A)

CONFIDENTIAL PRODUCTS. Pursuant to 20 California Code of Regulations section 2505(c)(2)(B), the Energy Commission designates the following as confidential. No Confidential Products PART II: PRE-EXISTING INTELLECTUAL PROPERTY Recipient has identified the following intellectual property as pre-existing the effective date of this Agreement and is required for performance of this Agreement but is not a product. Pre-existing Intellectual Property (Please insert "none" in the types that do not apply): Patents Issued Title Patent Number Inventors/ Assignee (Owner) File Date Issue/ Grant Date Country Description none none Patent Applications Title File Date Public Description (2-3 sentences) Trade Secrets Title Public Description (2-3 sentences) none Copyrights Title Copyright Number Owner File Date Issue/ Grant Date Country Description none Trademarks Title Trademark Number Owner File Date Issue/ Grant Date Country Description none Disclosure Memos Title Disclosure Date Memo Number, if applicable Public Description (2-3 sentences) Invention Berkley (DOE National Labs Only) Title Number Date none ATTACHMENT 2: Sample Letter of Agreement Generally, changes that are not significant to the Agreement may be documented in a Letter of Agreement signed by both parties. Recipients must request changes to the Agreement using the procedure described in Exhibit C, Section 11 (Amendments). If the changes are approved, the Commission Agreement Officer will prepare a Letter of Agreement using the format below. Electronic signatures in the form of scanned signatures are acceptable if the Letter of Agreement is sent via email. LETTER OF AGREEMENT California Energy Commission and [Recipient], Agreement Number [#] [Letter of Agreement date] The California Energy Commission (Energy Commission) and [Recipient] (Facility Operator) entered into Agreement Number [#] (Agreement) on [agreement’s effective date]. The purpose of the Agreement is to [brief purpose statement]. The purpose of this Letter of Agreement (Letter) is to add the changes listed in Attachment 1 of this Letter to the Agreement. The changes in Attachment 1 include: [brief description of changes (e.g., formatting revisions)]. Please sign this Letter below and return it to me via e-mail or U.S. mail (if returning via email, an electronic signature in the form of a scanned signature is acceptable). The Energy Commission’s Agreement Officer will then sign the Letter, and a copy containing both signatures will be sent to you via email or U.S. mail. If you have any questions you may call me at (000) 000-0000 or e-mail me at [Agreement Officer’s email address]. Approved by: RECIPIENT Sincerely, [NAME OF AGREEMENT OFFICERName of Agreement officer] Energy Commission Agreement Officer RECIPIENT BY (Authorized Signature) − DATE SIGNED − PRINTED NAME AND TITLE OF PERSON SIGNING STATE OF CALIFORNIA BY (Authorized Signature) − DATE SIGNED California Energy Commission (Energy Commission) BY (Authorized Signature) DATE SIGNED − PRINTED NAME AND TITLE OF PERSON SIGNING LETTER OF AGREEMENT Attachment 1 Changes to Agreement Number [#] Use the format below to list changes to Agreement exhibits. Scope of Work (Exhibit A)

CONFIDENTIAL PRODUCTS. Pursuant to 20 California Code of Regulations section 2505(c)(2)(B), the Energy Commission designates the following as confidential. No Confidential Products PART II: PRE-EXISTING INTELLECTUAL PROPERTY Recipient has identified the following intellectual property as pre-existing the effective date of this Agreement and is required for performance of this Agreement but is not a product. Pre-existing Intellectual Property (Please insert "none" in the types that do not apply): Patents Issued Title Patent Number Inventors/ Assignee (Owner) File Date Issue/ Grant Date Country Description none none Patent Applications Title File Date Public Description (2-3 sentences) Trade Secrets Title Public Description (2-3 sentences) none Copyrights Title Copyright Number Owner File Date Issue/ Grant Date Country Description none Trademarks Title Trademark Number Owner File Date Issue/ Grant Date Country Description none Disclosure Memos Title Disclosure Date Memo Number, if applicable Public Description (2-3 sentences) Invention Berkley (DOE National Labs Only) Title Number Date none ATTACHMENT 2: Sample Letter of Agreement Generally, changes that are not significant to the Agreement may be documented in a Letter of Agreement signed by both parties. Recipients must request changes to the Agreement using the procedure described in Exhibit C, Section 11 (Amendments). If the changes are approved, the Commission Agreement Officer will prepare a Letter of Agreement using the format below. Electronic signatures in the form of scanned signatures are acceptable if the Letter of Agreement is sent via email. LETTER OF AGREEMENT California Energy Commission and [Recipient], Agreement Number [#] [Letter of Agreement date] The California Energy Commission (Energy Commission) and [Recipient] (Facility Operator) entered into Agreement Number [#] (Agreement) on [agreement’s effective date]. The purpose of the Agreement is to [brief purpose statement]. The purpose of this Letter of Agreement (Letter) is to add the changes listed in Attachment 1 of this Letter to the Agreement. The changes in Attachment 1 include: [brief description of changes (e.g., formatting revisions)]. Please sign this Letter below and return it to me via e-mail or U.S. mail (if returning via email, an electronic signature in the form of a scanned signature is acceptable). The Energy Commission’s Agreement Officer will then sign the Letter, and a copy containing both signatures will be sent to you via email or U.S. mail. If you have any questions you may call me at (000) 000-0000 or e-mail me at [Agreement Officer’s email address]. Approved by: RECIPIENT Sincerely, [NAME OF AGREEMENT OFFICER] Energy Commission Agreement Officer RECIPIENT BY (Authorized Signature) − DATE SIGNED − PRINTED NAME AND TITLE OF PERSON SIGNING STATE OF CALIFORNIA California Energy Commission (Energy Commission) BY (Authorized Signature) − DATE SIGNED − PRINTED NAME AND TITLE OF PERSON SIGNING LETTER OF AGREEMENT Attachment 1 Changes to Agreement Number [#] Use the format below to list changes to Agreement exhibits. Scope of Work (Exhibit A)