This amendment to the consulting agreement (the “Change”) between Bloom Energy Corporation (the “Company”) and The Honourable Colin L. Powell (the “Consultant”) will be finalized on July 31, 2019. The company and the consultant previously entered into an advisory contract of 29 January 2009 (the “Consulting Agreement”) under which the Consultant was mandated by the Company as an independent contractor to provide consulting services to the Company under the conditions set out in the Consulting Agreement. The Company and the Advisor wish to amend the terms of the Consulting Agreement as follows: 6.1 xxxx ensures that the services to be provided under this Agreement are provided in a professional manner and in accordance with generally recognized industry standards and practices. (company name) agrees that xxxx is the sole and exclusive obligation for the services covered by this limited warranty, at xxxx`s sole discretion, to correct the non-compliance or refund the service fees paid for the relevant consulting services. 5.3 Each party agrees not to use or disclose to third parties confidential information of the other party without the explicit written consent of the other party. Each Party undertakes to protect the other Party`s Confidential Information from any use or disclosure other than as permitted by or in accordance with this Agreement and exercises a certain degree of diligence at least as protective as the xxxxx or the name of the company, in order to ensure the confidentiality of its own protected information. but nothing less than a degree of due diligence in the circumstances. Each Party shall allow access to the other Party`s confidential information only to persons who have entered into a written confidentiality agreement with the other Party on such restrictive terms as those set out therein and (b) who, in accordance with their obligations, require access to the other Party in connection with the rights of the other Parties under this Agreement. 7.7 Any modification or modification of any provision of this Agreement must be made in writing and must be accompanied by the signature of the duly authorized representatives of both parties. The failure of a party to enforce a right granted or to require the performance of any provision of this Agreement by the other party or the waiver by a party of the breach of this Agreement shall not preclude the subsequent exercise or enforcement of such provisions or be deemed a waiver of any subsequent breach of this Agreement. All provisions of the Agreement that come into force on their own condition with the termination of this Agreement or that, by their very nature, survive termination (including, but not not the provisions of Sections 3, 5, 6, 7), survive such termination.
1.1 xxxxxx provides (name of company) consulting services as mutually agreed and described in the attached tender specifications. All consulting services provided under this Agreement are referred to as services. . . .