0001628280-23-042553 Sample Contracts

SECOND AMENDMENT TO THE AMENDED AND RESTATED PREFERRED DISTRIBUTOR AGREEMENT
Preferred Distributor Agreement • December 22nd, 2023 • Bloom Energy Corp • Electrical industrial apparatus

This Second Amendment to the Amended and Restated Preferred Distributor Agreement (this “Second Amendment”) is entered into as of December 21, 2023 (the “Second Amendment Effective Date”) by and among Bloom Energy Corporation (“Bloom Corp”), a corporation established under the laws of the State of Delaware, United States of America, Bloom SK Fuel Cell, LLC (“JV”), a limited liability company organized under the laws of the Republic of Korea, and SK ecoplant Co., Ltd. (f/k/a SK Engineering & Construction Co., Ltd.) (“Distributor”), a corporation established under the laws of the Republic of Korea. Each of Bloom Corp, JV and Distributor are referred to herein as a “Party,” and together, as the “Parties.”

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FIRST AMENDMENT TO THE AMENDED AND RESTATED PREFERRED DISTRIBUTOR AGREEMENT
Preferred Distributor Agreement • December 22nd, 2023 • Bloom Energy Corp • Electrical industrial apparatus

This First Amendment to the Amended and Restated Preferred Distributor Agreement (this “First Amendment”) is entered into as of Sept 29th, 2023 (the “First Amendment Effective Date”) by and among Bloom Energy Corporation (“Bloom Corp”), a corporation established under the laws of the State of Delaware, United States of America, Bloom SK Fuel Cell, LLC (“JV”), a limited liability company organized under the laws of the Republic of Korea, and SK ecoplant Co., Ltd. (f/k/a SK Engineering & Construction Co., Ltd.) (“Distributor”), a corporation established under the laws of the Republic of Korea. Each of Bloom Corp, JV and Distributor are referred to herein as a “Party,” and together, as the “Parties.”

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