0001013596-07-000004 Sample Contracts

Assignment and Assumption of Equipment Purchase Agreement
Assignment and Assumption of Equipment Purchase Agreement • January 24th, 2007 • Pacific Fuel Cell Corp • Services-business services, nec • California

(“Assignment”) is entered into as of the ___18th____ day of _____December________, 2006, by and between TDM, L.L.C., a New Jersey limited liability company with an address of 700 Route 173, Bloombury, New Jersey 08804 (“Assignor”) and Pacific Fuel Cell Corp., a Nevada corporation with an address of 131 N. Tustin Avenue, Suite 100, Tustin, California 92780 (“Assignee”). Capitalized terms used but not defined herein shall have the meaning given to them in that certain Equipment Purchase Agreement, dated August 22, 2006, by and between SGL Technic Inc. (“SGL”) and Assignor (“Purchase Agreement”), a copy of which is attached hereto as Exhibit A and incorporated herein.

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FIRST AMENDMENT TO EQUIPMENT PURCHASE AGREEMENT BY AND AMONG SGL TECHNIC INC. AND PACIFIC FUEL CELLS CORP. (by assignment from TDM, L.L.C.) Dated: August 22, 2006
Equipment Purchase Agreement • January 24th, 2007 • Pacific Fuel Cell Corp • Services-business services, nec

THIS FIRST AMENDMENT (“First Amendment”) is made effective the 20th day of December, 2006, by and between SGL TECHNIC INC., a California corporation (hereinafter referred to as “Seller”) and PACIFIC FUEL CELLS CORP., a Nevada corporation (hereinafter referred to as “Buyer”) (Seller and Buyer are hereinafter collectively referred to as the “Parties”).

EQUIPMENT PURCHASE AGREEMENT
Equipment Purchase Agreement • January 24th, 2007 • Pacific Fuel Cell Corp • Services-business services, nec • North Carolina

This Equipment Purchase Agreement (the “Agreement”) is made as of the 22nd day of August, 2006 (the “Effective Date”), by and between SGL TECHNIC Inc., a California corporation with an address at 28176 North Avenue Stanford, Valencia, California 91355 (the “Seller”), and TDM, L.L.C., a New Jersey limited liability company with an address at 700 Route 173, Bloombury, New Jersey 08804 (“Buyer”).

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