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REV: 4-5-2023 MI <br />MUTUAL TERMINATION, RELEASE, AND DECOMMISSIONING AGREEMENT <br />THIS MUTUAL TERMINATION, RELEASE, AND DECOMMISSIONING <br />AGREEMENT (this “Agreement”) is entered into as of _____________, 2023 (the “Effective <br />Date”), between Green Charge Networks, LLC, assignee of Green Charge Networks Energy <br />Services, LLC (“ENGIE”) and the City of Redwood City, (the “Customer”). ENGIE and Customer <br />are each referred to as a “Party” individually and the “Parties” collectively with reference to the <br />following: <br />WHEREAS, ENGIE and Customer entered into that Power Efficiency Agreement on <br />February 27, 2014, (the “Power Agreement”); and <br />WHEREAS, Customer owns and occupies certain premises located at Redwood City <br />Library and Redwood City Parking Garage, as further detailed in Exhibit A (collectively, the <br />“Premises”); and <br />WHEREAS, pursuant to the Power Agreement, ENGIE installed energy storage systems <br />(the “Systems”) on Customer’s Premises as well as performed certain Power Efficiency Services, as <br />that term is defined in the Power Agreement; and <br />WHEREAS, the Parties wish to terminate the Power Agreement and remove the Systems <br />from Customer’s Premises; <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth <br />herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the Parties Agree as follows: <br />AGREEMENT <br />1. TERMINATION OF THE POWER AGREEMENT. The Parties mutually agree to <br />terminate the Power Agreement, and any amendments, rights and agreements thereto, as of the <br />Effective Date. <br />2. ENGIE’S POST-TERMINATION OBLIGATIONS. As of and following the <br />Effective Date, ENGIE shall (a) on a mutually convenient date that is within 120 days of the Effective <br />Date, remove the Systems from the Premises and return the Premises to its original condition, subject <br />to ordinary wear and tear; and (b) undertake such removal in such a manner as to not interrupt <br />operation of the business at the Premises, including an interruption of electrical power, as further <br />outlined in Exhibit B. <br />In connection with such removal, ENGIE shall repair any damage to the Premises and any other <br />area in which any portion of the Systems were installed and restore such areas to at least the <br />condition of the surrounding area, subject to ordinary wear and tear, provided that ENGIE shall <br />ATTY/AGR.2023.065/Engie (Battery Storage Decommissioning) (Page 1 of 6) <br />May 8, 2023