0001193125-07-000742 Sample Contracts

COMVERGE, INC. EXECUTIVE EMPLOYMENT AGREEMENT
Executive Employment Agreement • January 3rd, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Georgia

THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is entered into as of this 31st day of December, 2006, by and between Edward J. Myszka, an individual (“Executive”), and Comverge, Inc., a Delaware corporation (the “Company”).

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ADVANCED ENERGY MANAGEMENT AGREEMENT between Scientific-Atlanta, Inc. and Gulf Power Company, Inc. Scientific-Atlanta Proprietary Information
Advanced Energy Management Agreement • January 3rd, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Georgia

This, or a similar arrangement, will allow Gulf Power Company to use TOU rates and allow seasonal changes without the need for real-time communications.

RESTATED COMMUNICATING THERMOSTAT CO-DEVELOPMENT AND SUPPLY AGREEMENT
Co-Development and Supply Agreement • January 3rd, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Missouri
AGREEMENT FOR SUPPLEMENTAL INSTALLED CAPACITY SOUTHWEST CONNECTICUT (LRP Resources) Between ISO New England Inc. as agent for the Market Participants in the New England Control Area And Comverge, Inc.
Supplemental Installed Capacity Agreement • January 3rd, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Delaware

This Supplemental Installed Capacity Agreement (“Agreement”) is entered into as of April 13, 2004, by and between ISO New England Inc. (the “ISO”), on behalf of the market participants in the New England Control Area (the “Market Participants”), and Comverge, Inc. (the “Supplier”) and, except the Supplier’s obligation pursuant to Section 2.1, shall become effective on the Effective Date.

Purchase Contract Request for Proposals #SL04100009
Purchase Contract • January 3rd, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments

This Agreement is made and entered into as of the Effective Date by and between Comverge, Inc(Contractor) and the City of Austin, a Texas home-rule municipal corporation, acting by and through its municipally owned electric utility, dba Austin Energy (City).

SUPPLY AGREEMENT
Supply Agreement • January 3rd, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Tennessee

THIS SUPPLY AGREEMENT (“Agreement”) is made and is effective as of Sept. 27, 2004 by and between Comverge, Inc. (hereinafter “Comverge”), having offices at 4497 Park Drive, Norcross, Ga. 30093 and Telco Solutions III, LLC, (hereinafter “Telco”), having its principal place of business at 1870 General George Patton Drive, Franklin, Tennessee 37067 who, singularly or collectively, may be referred to in this Agreement as a party or the parties (“Party” or “Parties”).

CONFIDENTIAL STRATEGIC DEVELOPMENT AND MARKETING AGREEMENT
Strategic Development and Marketing Agreement • January 3rd, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • New York

This Strategic Development and Marketing Agreement (this “Agreement”) is made and entered into this 14th day of February, 2006 (the “Effective Date”), by and between Air Products and Chemicals, Inc. (“Air Products”) and Comverge, Inc. (“Comverge”). Comverge and Air Products are individually referred to as “Party” or collectively as “Parties.”

EMPLOYMENT AGREEMENT
Employment Agreement • January 3rd, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • New Jersey

This Employment Agreement (this “Agreement”) is made and entered into by and between COMVERGE TECHNOLOGIES, INC., a Delaware corporation (the “Company”), and ROBERT M. CHISTE (the “Executive”) as of this 1st day of September, 2001.

Contract
Contract • January 3rd, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Utah

*** Indicates material has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission. A complete copy of this agreement has been filed separately with the Securities and Exchange Commission.

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