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0001362310-09-003678 Sample Contracts

ALLIANCE AGREEMENT dated as of February 7, 2007 between FUELCELL ENERGY, INC. and POSCO POWER
Alliance Agreement • March 12th, 2009 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

THIS ALLIANCE AGREEMENT (this “Agreement”), dated as of February 7, 2007, is made and entered into by and between FUELCELL ENERGY, INC., a Delaware corporation having a place of business at 3 Great Pasture Rd., Danbury, Connecticut 06813, U.S.A. (“FCE”) and POSCO POWER, a Korean corporation having a place of business at Dacom Building 10th Floor, 706-1 Yeoksam-dong, Kangnam-gu, Seoul 135-987, Korea (“POSCO Power”).

Standard Contracts

TECHNOLOGY TRANSFER, LICENSE AND DISTRIBUTION AGREEMENT dated as of February 7, 2007 between FUELCELL ENERGY, INC. and POSCO POWER
Technology Transfer, License and Distribution Agreement • March 12th, 2009 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • New York

THIS TECHNOLOGY TRANSFER, LICENSE AND DISTRIBUTION AGREEMENT (this “Agreement”) is made and entered into this 7th day of February, 2007, 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 POWER, a Korean corporation having a place of business at Dacom Building 10th Fl., 706-1 Yeoksam-dong, Kangnam-gu, Seoul 135-987, Korea (“POSCO Power”).

LOAN AGREEMENT
Loan Agreement • March 12th, 2009 • Fuelcell Energy Inc • Miscellaneous electrical machinery, equipment & supplies • Connecticut

THIS LOAN AGREEMENT is made and entered into this 29th day of April, 2008, by and between FUELCELL ENERGY, INC., a Delaware corporation having its chief executive office and principal place of business at 3 Great Pasture Road, Danbury, Connecticut 06813 (the “Borrower”), and the CONNECTICUT DEVELOPMENT AUTHORITY, a body politic and corporate constituting a public instrumentality and political subdivision of the State of Connecticut, having an office at 999 West Street, Rocky Hill, Connecticut 06067 (the “Authority”).