FIRST AMENDMENT OF ENERGY STORAGE SYSTEM AGREEMENTEnergy Storage System Agreement • May 16th, 2022 • Energy Vault Holdings, Inc. • Miscellaneous electrical machinery, equipment & supplies
This First Amendment of the Energy Storage System Agreement (this “First Amendment”) is made this 10 day of May 2022, between Energy Vault, Inc., a Delaware corporation (“Energy Vault”), and DG Fuels, LLC, a Delaware limited liability company (“DGF”) (collectively, the “Parties” and, individually, a “Party”).
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS DOCUMENT BECAUSE IT IS BOTH NOT MATERIAL AND IS OF THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE AND CONFIDENTIAL, AND HAS BEEN MARKED WITH “[***]” TO INDICATE WHERE EXCLUSIONS HAVE BEEN...Energy Storage System Agreement • November 24th, 2021 • Novus Capital Corp II • Miscellaneous electrical machinery, equipment & supplies
This Energy Storage System Agreement (“Agreement”), when fully executed below by you on behalf of DG Fuels, LLC, a Delaware limited liability company (“Customer”) and Energy Vault, Inc. (“Energy Vault”) (each a “Party” or collectively “Parties”), will constitute a presently binding obligation between the Parties on the terms set forth herein and shall serve as the basis for more definitive agreements to implement the business arrangement described herein (“Definitive ESSA Agreements”). Each Party is committing to work diligently and in good faith toward agreement on the Definitive ESSA Agreements.
