Board and Management Rights Agreement Sample Contracts

Japan NuScale Innovation, LLC Houston, TX 77042, USA Japan Bank for International Cooperation Tokyo 100-8144, Japan
Board and Management Rights Agreement • May 5th, 2022 • NUSCALE POWER Corp • Heating equipment, except electric & warm air furnaces • New York

This letter agreement (this “Letter Agreement”) is entered into by and among Japan NuScale Innovation, LLC, a Delaware limited liability company (the “Investor”), Fluor Enterprises, Inc., a California corporation (“Fluor”), NuScale Power, LLC, an Oregon limited liability company (“NuScale LLC”) and Japan Bank for International Cooperation, a Japanese corporation established pursuant to the Company Act and the Japan Bank for International Cooperation Act (“JBIC”). This Letter Agreement confirms our agreement that pursuant to and effective as of the date of that certain Unit Purchase Agreement, dated as of March 15, 2022, by and between the Investor and Fluor (the “Purchase Agreement”), the Investor shall be entitled to the following contractual board appointment and management rights. Capitalized terms that are not defined herein shall be as defined in the Purchase Agreement.

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