Purchase, Use and Maintenance Agreement Sample Contracts

AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT between BLOOM ENERGY CORPORATION as Seller and 2015 ESA PROJECT COMPANY, LLC as Buyer dated as of June 25, 2015
Purchase, Use and Maintenance Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Agreement”), dated as of June 25, 2015 (the “Agreement Date”), is entered into by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and 2015 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are referred to in this Agreement individually, as a “Party” and, collectively, as the “Parties”.

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REDACTED EXHIBIT: This Exhibit contains certain identified information that has been excluded because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. Redacted information is identified by [***].
Purchase, Use and Maintenance Agreement • August 5th, 2020 • Bloom Energy Corp • Electrical industrial apparatus • New York

AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENTbetweenBLOOM ENERGY CORPORATIONas Sellerand2018 ESA PROJECT COMPANY, LLCas Buyerdated as of June 30, 2020

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FIRST AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT between BLOOM ENERGY CORPORATION as Seller and 2016 ESA PROJECT COMPANY, LLC as Buyer dated as of October 24, 2016 and amended and restated as of June 26, 2017
Purchase, Use and Maintenance Agreement • January 19th, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This FIRST AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Agreement”), dated as of October 24, 2016, and amended and restated as of June 26, 2017 (the “Agreement Date”), is entered into by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”), and 2016 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are referred to in this Agreement individually, as a “Party” and, collectively, as the “Parties”.

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Certain confidential information contained in this document, marked by brackets has been omitted and filed separately with Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. EXECUTION VERSION THIRD...
Purchase, Use and Maintenance Agreement • March 22nd, 2019 • Bloom Energy Corp • Electrical industrial apparatus
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AMENDMENT NO. 2 TO AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT
Purchase, Use and Maintenance Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This AMENDMENT NO. 2 TO PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Amendment”), is entered into effective as of December 16, 2016 (“Effective Date”) by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”) and 2015 ESA PROJECT COMPANY, LLC, a Delaware limited liability company (“Buyer”, and together with Seller, the “Parties”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the PUMA (as defined below). All Section, annex and exhibit references, unless otherwise indicated, shall be references to Sections of the PUMA and the rules of interpretation set forth in the PUMA apply as if set forth herein.

Sample 1
AMENDMENT NO. 1 TO AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT
Purchase, Use and Maintenance Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This AMENDMENT NO. 1 TO PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Amendment”), is entered into effective as of August 10, 2016 (“Effective Date”) by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”) and 2015 ESA PROJECT COMPANY, LLC (“Buyer”, and together with Seller, the “Parties”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the PUMA (as defined below). All Section, annex and exhibit references, unless otherwise indicated, shall be references to Sections of the PUMA and the rules of interpretation set forth in the PUMA apply as if set forth herein.

Sample 1
AMENDMENT NO. 1 TO AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT
Purchase, Use and Maintenance Agreement • March 21st, 2018 • Bloom Energy Corp • Electrical industrial apparatus • New York

This AMENDMENT NO. 1 TO PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Amendment”), is entered into effective as of March 14, 2016 (“Effective Date”) by and between BLOOM ENERGY CORPORATION, a Delaware corporation ( “Seller”) and 2014 ESA PROJECT COMPANY, LLC (“Buyer”, and together with Seller, the “Parties”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the PUMA (as defined below). All Section, annex and exhibit references, unless otherwise indicated, shall be references to Sections of the PUMA and the rules of interpretation set forth in the PUMA apply as if set forth herein.

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AMENDMENT NO. 1 TO AMENDED AND RESTATED PURCHASE, USE AND MAINTENANCE AGREEMENT
Purchase, Use and Maintenance Agreement • November 3rd, 2016 • Bloom Energy Corp • Electrical industrial apparatus • New York

This AMENDMENT NO. 1 TO PURCHASE, USE AND MAINTENANCE AGREEMENT (this “Amendment”), is entered into effective as of August 10, 2016 (“Effective Date”) by and between BLOOM ENERGY CORPORATION, a Delaware corporation (“Seller”) and 2015 ESA PROJECT COMPANY, LLC (“Buyer”, and together with Seller, the “Parties”). Capitalized terms used and not otherwise defined herein have the meanings given to them in the PUMA (as defined below). All Section, annex and exhibit references, unless otherwise indicated, shall be references to Sections of the PUMA and the rules of interpretation set forth in the PUMA apply as if set forth herein.

Sample 1
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