Exhibit 10.40 AGREEMENT OF LEASE BETWEEN SITQ INC. For: SITQ INDUSTRIEL INC., ABRIM 14 INC., 149855 CANADA INC., 149856 CANADA INC., The Lessor AND H. POWER ENTERPRISES OF CANADA INC. The Lessee TABLE OF CONTENTSLease Agreement • April 7th, 2000 • H Power Corp • Quebec
Exhibit 10.9 TERMINATION AGREEMENT TERMINATION AGREEMENT, made as of the 5th day of April, 2000, by and between H POWER CORP., a Delaware corporation having its principal place of business at 1373 Broad Street, Clifton, New Jersey 07013 (the...Termination Agreement • April 7th, 2000 • H Power Corp • New Jersey
Exhibit 10.7 CONSULTING AGREEMENT This Consulting Agreement, made and entered into as of July 28, 1999 between H Power Corp., a Delaware corporation having its principal place of business at 60 Montgomery Street, Belleville, New Jersey 07109 (the...Consulting Agreement • April 7th, 2000 • H Power Corp • New Jersey
Exhibit 10.12 [H Power Corp. Letterhead] March 10, 2000 Mr. R. Michael Fromer 175 East 96th Street Suite 16-O New York, New York 10128 Dear Mr. Fromer: Reference is made to the Letter Agreement, dated January 7, 1999 (the "Letter Agreement"), between...Letter Agreement • April 7th, 2000 • H Power Corp
Reference is made to the Letter Agreement, dated January 7, 1999 (the "Letter Agreement"), between you and H. Power Corp. (the "Company"). Additional reference is made to the investment by ECO Fuel Cells, LLC on August 25, 1999 of $15,000,000 of the Company's common stock and to the investments on November 30, 1999 by Hydro-Quebec CapiTech Inc. and Sofinov Societe Fianciere D'Innovation Inc. of $6,000,000 and $2,900,000, respectively, of the Company's common stock.
RECITALS:Stockholders Agreement • April 7th, 2000 • H Power Corp • New York
Exhibit 10.22 H Power/ADL Joint Venture Agreement Joint Venture Agreement THIS AGREEMENT (this "Agreement") is made as of December 18, 1998, between H Power Corp., a Delaware corporation having its principal place of business at 60 Montgomery Street,...Joint Venture Agreement • April 7th, 2000 • H Power Corp • New Jersey
H Power Corp.Stock Purchase Agreement • April 7th, 2000 • H Power Corp • Delaware
May 2, 1997Investment Agreement • April 7th, 2000 • H Power Corp • New York
Exhibit 10.19 SHAREHOLDERS AGREEMENT MADE AND ENTERED INTO IN THE CITY AND DISTRICT OF MONTREAL, ON THE 2ND DAY OF MAY, 1997 BY AND AMONG: H POWER CORP., a Delaware corporation, having its head office and principal place of business in the City of...Shareholder Agreement • April 7th, 2000 • H Power Corp • Quebec
Exhibit 10.20 STOCK EXCHANGE AGREEMENT MADE AND ENTERED INTO IN THE CITY AND DISTRICT OF MONTREAL, ON THE 2ND DAY OF MAY, 1997 BY AND AMONG: H POWER CORP., a Delaware corporation, having its head office and principal place of business in the City of...Stock Exchange Agreement • April 7th, 2000 • H Power Corp • New York
W. Zang Employment Agreement OFFICER'S EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT, dated as of November 23, 1999, between H Power Corp., a Delaware corporation, having its principal place of business at 60 Montgomery Street, Belleville, New Jersey...Employment Agreement • April 7th, 2000 • H Power Corp • New Jersey
March 25, 1996 Duquesne Enterprises Grant Building Suite 2420 Pittsburgh, PA 15219 Gentlemen: This letter shall serve to confirm that in consideration of your agreement to issue purchase orders to H Power Corp., a Delaware corporation ("H Power"),...Distributor Agreement • April 7th, 2000 • H Power Corp
Exhibit 4.1 REGISTRATION RIGHTS AGREEMENT March 25, 1996 To Duquesne Enterprises Grant Building Suite 2420 Pittsburgh, PA 15219 Gentlemen: This will confirm that in consideration of your agreement to purchase certain shares (the "Preferred Shares") of...Registration Rights Agreement • April 7th, 2000 • H Power Corp • Delaware
LEASELease Agreement • April 7th, 2000 • H Power Corp • New Jersey
Exhibit 10.18 SUBSCRIPTION AGREEMENT MADE AND ENTERED INTO IN THE CITY AND DISTRICT OF MONTREAL, ON THE 2ND DAY OF MAY, 1997 BY AND BETWEEN: H POWER CORP., a Delaware corporation, having its head office and principal place of business in the City of...Subscription Agreement • April 7th, 2000 • H Power Corp • Quebec
ADDENDUM TO LEASES DATED AUGUST 8, 1991 BETWEEN MONTBELL ASSOCIATES now known as MONTBELL ASSOCIATES, L.L.C., as LANDLORD, and H-POWER CORP., as TENANT.Lease Addendum • April 7th, 2000 • H Power Corp
BY AND BETWEEN: H POWER CORP., a corporation duly incorporated according to law, herein acting and represented by H. Frank Gibbard its President and CEO, duly authorized as he so declaresAmending Agreement • April 7th, 2000 • H Power Corp • New Jersey
Exhibit 10.23 MEMORANDUM OF AGREEMENT BY AND AMONG: H POWER CORP., a Delaware corporation, having its head office and principal place of business in the City of Belleville, State of New Jersey. (hereinafter referred to as "H Power") PARTY OF THE FIRST...Memorandum of Agreement • April 7th, 2000 • H Power Corp • New York
Exhibit 10.4 October 11, 1999 Employment Agreement EXECUTIVE'S EMPLOYMENT AGREEMENT EMPLOYMENT AGREEMENT, dated as of October 11, 1999, between H Power Corp., a Delaware corporation, having its principal place of business at 60 Montgomery Street,...Employment Agreement • April 7th, 2000 • H Power Corp • New Jersey
Exhibit 10.41 THIS LEASE, dated the Eighth day of December, 1999 Parties Between KHUBANI ENTERPRISES, INC. 2 Daniel Road hereinafter referred to as the Landlord, and Fairfield, NJ 07004 H. Power Corporation, 60 Montgomery Street, Bellville, NJ 07109...Lease Agreement • April 7th, 2000 • H Power Corp
H POWER CORP. INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • April 7th, 2000 • H Power Corp • New York
H POWER CORP.Investor Rights Agreement • April 7th, 2000 • H Power Corp • New York
Exhibit 10.29 TECHNOLOGY LICENSING AGREEMENT MADE AND ENTERED INTO IN THE CITY AND DISTRICT OF MONTREAL, ON THE 2ND DAY OF MAY, 1997 BY AND BETWEEN: H POWER CORP., a Delaware corporation, having its head office and principal place of business in the...Technology Licensing Agreement • April 7th, 2000 • H Power Corp • New York
ARTICLE I DEFINITIONSStockholders' and Voting Agreement • April 7th, 2000 • H Power Corp • New York
F Gibbard Employment Agreement AMENDED AND RESTATED OFFICER'S EMPLOYMENT AGREEMENT This AMENDMENT AND RESTATED OFFICER'S EMPLOYMENT AGREEMENT (this "Agreement"), dated as of October 1, 1999, is between H Power Corp., a Delaware corporation, having its...Officer's Employment Agreement • April 7th, 2000 • H Power Corp • New Jersey
WITNESSETH:Consulting Agreement • April 7th, 2000 • H Power Corp • New York
Exhibit 10.27 Confidential Treatment. The portions of this exhibit that have been replaced with "[*****]" have been filed separately with the Securities and Exchange Commission and are the subject of an application for confidential treatment. AMENDED...Fuel Cell Product Operating Agreement • April 7th, 2000 • H Power Corp • Virginia
Exhibit 10.31 CONFIDENTIAL TREATMENT The portions of this exhibit that have been replaced with "[*****]" have been filed separately with the Securities and Exchange Commission and are the subject of our application for confidential treatment....Development and License Agreement • April 7th, 2000 • H Power Corp • New Jersey
AGREEMENTTechnology Licensing Agreement • April 7th, 2000 • H Power Corp • New Jersey
Exhibit 10.17 This Agreement is made on this 28th day of July 1999, between Duquesne Enterprises, Inc., a Pennsylvania corporation ("Duquesne") and H Power Corp., a Delaware corporation, with its principal offices at 60 Montgomery Street, Belleville,...Distribution Agreement • April 7th, 2000 • H Power Corp • New Jersey
H Power Corp. Employee Non Disclosure Agreement EMPLOYEE'S AGREEMENT RE: INVENTIONS, CONFIDENTIAL INFORMATION AND COVENANT NOT TO COMPETE This Agreement Creates Important Obligations Which Are Binding. Please Read It In Full Before You Sign It. I...Employee Non Disclosure Agreement • April 7th, 2000 • H Power Corp • New Jersey
Exhibit 10.35 INDEMNIFICATION AGREEMENT This INDEMNIFICATION AGREEMENT is made as of ___________, 2000 between H Power Corp., a Delaware corporation ("H Power"), and _____________ (collectively with such person's heirs, executors, administrators and...Indemnification Agreement • April 7th, 2000 • H Power Corp • Delaware
AGREEMENTH Power/Techmatics Agreement • April 7th, 2000 • H Power Corp • New Jersey
