Common Contracts

2 similar Purchase, Use and Maintenance Agreement contracts by Bloom Energy Corp

THIRD AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT
Purchase, Use and Maintenance Agreement • March 22nd, 2019 • Bloom Energy Corp • Electrical industrial apparatus • New York

This AMENDMENT NO. 1 TO THIRD AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Amendment”), is entered into effective as of September 28, 2018 (“Effective Date”) by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and 2016 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (“Buyer,” and together with Seller, the “Parties”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the Third A&R PUMA (as defined below). All Section, annex and exhibit references, unless otherwise indicated, shall be references to Sections, annexes and exhibits of the Third A&R PUMA and the rules of interpretation set forth in the Third A&R PUMA apply as if set forth herein.

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THIRD AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT
Purchase, Use and Maintenance Agreement • March 22nd, 2019 • Bloom Energy Corp • Electrical industrial apparatus • New York

This AMENDMENT NO. 2 TO THIRD AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Amendment”), is entered into effective as of December 19, 2018 (“Effective Date”) by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and 2016 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (“Buyer,” and together with Seller, the “Parties”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the Third A&R PUMA (as defined below). All Section, annex and exhibit references, unless otherwise indicated, shall be references to Sections, annexes and exhibits of the Third A&R PUMA and the rules of interpretation set forth in the Third A&R PUMA apply as if set forth herein.

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