0000886128-12-000009 Sample Contracts

AMENDMENT TO TECHNOLOGY, TRANSFER, DISTRIBUTION AND LICENSING AGREEMENT AND STACK TECHNOLOGY TRANSFER AND LICENSE AGREEMENT
Technology, Transfer, Distribution and Licensing Agreement • November 6th, 2012 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies

THISAMENDMENT TO THE TECHNOLOGY, TRANSFER, DISTRIBUTION AND LICENSING AGREEMENT AND STACK TECHNOLOGY TRANSFER AND LICENSE AGREEMENT (the “Amendment”), effective as of October 31, 2012 (the “Effective Date”), is by and between FuelCell Energy, Inc., a Delaware corporation having a place of business at 3 Great Pasture Rd., Danbury, CT 06813, U.S.A. (“FCE”) and POSCO Energy Co., Ltd. (formerly POSCO Power Co., Ltd.), a Korean corporation having a place of business at POSCO Center, 440 Teheran-ro, Gangnam-gu, Seoul, Korea (“POSCO Energy”), and amends that certain (i) Technology, Transfer, Distribution and Licensing Agreement, dated as of February 7, 2007, by and between FCE and POSCO Energy (“TTA”), and (ii) Stack Technology Transfer and License Agreement, dated as of October 27, 2009, by and between FCE and POSCO Energy (“STTA”).FCE and POSCO Energy may be referred to hereunder as the “Parties.” Capitalized terms used herein, but not defined herein, shall have the meanings given to them i

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CELL TECHNOLOGY TRANSFER AND LICENSE AGREEMENT
Cell Technology Transfer and License Agreement • November 6th, 2012 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

THIS CELL TECHNOLOGY TRANSFER AND LICENSE AGREEMENT (this “Agreement”) is made and entered into this 31st day of October, 2012, by and between FUELCELL ENERGY, INC., a Delaware corporation having a place of business at 3 Great Pasture Rd., Danbury, CT 06813, U.S.A. (“FCE”) and POSCO ENERGY CO., LTD. (formerly POSCO POWER), a Korean corporation having a place of business at POSCO Center, 440 Teheran-ro, Gangnam-gu, Seoul 135-777, Korea (“POSCO Energy”).

CONTRACT FOR THE SUPPLY OF DFC® COMPONENTS FROM FUELCELL ENERGY INC. (SELLER) TO POSCO ENERGY (BUYER) October 31, 2012
Purchase and Sale Contract • November 6th, 2012 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

This PURCHASE AND SALE CONTRACT (the “Contract”) is made and entered into this 31st day of October, 2012, (the “Effective Date”) by and between POSCO Energy CO., LTD. (formerly POSCO Power), a corporation duly organized and existing under the laws of the Republic of Korea having a place of business at POSCO Center, 440 Teheran-ro, Gangnam-gu, Seoul 135-777, Korea (hereinafter referred to as “POSCO Energy” or the “Buyer”) and FuelCell Energy, Inc., a corporation duly organized and existing under the laws of the State of Delaware, U.S.A., with its principal office at 3 Great Pasture Rd., Danbury, Connecticut, U.S.A. (hereinafter referred to as “FCE” or the “Seller”). Buyer and Seller are hereinafter sometimes referred to individually as a “Party” or collectively as the “Parties.”

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