Plant means a hydrogen production facility in West Terre Haute, Indiana,
which is anticipated to produce approximately 336 metric tons per day of hydrogen while permanently sequestering carbon from such Plant.
Plant Power Requirements for any Month means the amount of hydrogen required to generate the Plants electrical
requirements for such Month; provided, however, hydrogen used to generate power in excess of the power requirements of the Plant shall not be included in calculating Plant Power Requirements.
Product or Products has the meaning set forth in the recitals.
Production Week has the meaning specified in Section 2.1(b)(iii).
Release means any spilling, leaking, pumping, pouring, emitting, dispersing, migrating, emptying, discharging, injecting,
escaping, leaching, dumping or disposing of a Hazardous Material into the environment, including the abandonment or discarding of barrels, containers and other closed receptacles containing any Hazardous Material, but excluding (a) emissions
from the engine exhaust of a properly maintained motor vehicle, and (b) permitted emissions, including any lawful release of Hazardous Materials, pursuant to any permit or authorization issued by any Governmental Authority.
REC or Renewable Energy Credit means a certificate, credit, allowance, green tag, or other
transferable indicia, howsoever entitled, created by Applicable Laws or a certification authority indicating generation of a particular quantity of energy from a Renewable Energy Source. To the extent any certificate, credit, allowance, green tag,
or other transferable indicia may constitute a carbon offset and a REC, it will be deemed to be a REC.
Renewable Energy
Source means an energy source that is not fossil carbon based or radioactive.
Representative means, as to
any Person, its officers, directors, employees, partners, members, stockholders, counsel, accountants, financial advisers, engineers, consultants agents and any other representatives.
Seller has the meaning specified in the preamble to this Agreement.
Seller Taxes has the meaning specified in Section 6.2(a).
Specifications means Product having a carbon intensity of no more than 25 grams/Megajoule and otherwise meeting the other
specifications set forth on set forth in Exhibit A, as such may be updated from time to time in accordance with the terms of this Agreement.
Target Production Plan means Sellers good faith estimate of the volume of Products to be produced at the Plant.
Taxes means any and all existing and future ad valorem, property, occupation, severance, production, extraction, first use,
conservation, energy, gathering, transport, utility, gross receipts, import, export, privilege, sales, use, consumption, excise, lease, transaction, environmental, and
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Confidential