Host Ultrafast EV Charging With Zero Upfront Costs Now ACCELERATE PROGRAM

Accelerate Program

Updated on March 26, 2024

ACCELERATE LICENSE AGREEMENT

This ACCELERATE LICENSE AGREEMENT (this “Agreement”) is made by and between the entity listed on an order form (each an “Order Form”) making reference to this Agreement (“Host” or “Licensor”) and HotSpot Charging, LLC, a Delaware limited liability company with a business address at 2200 Abbott Drive, Carter Lake, IA 51510 (“ HotSpot” or “Licensee”). Host and Licensee may be referred to herein individually as a “Party,” and together as the “Parties”.

 

RECITALS

WHEREAS, Host is the fee simple owner or lessee of one or more real property sites described on each Order Form hereunder (collectively, the “Host Property”);

WHEREAS, Licensee provides a variety of vehicle charging and support services to owners of electric plug-in vehicles (each an “EV”);

WHEREAS, Host believes that the Host Property will benefit from the presence of certain proprietary EV charging stations provided by Licensee (each, a “Boost Charger”), by attracting high-value customers, differentiating its location and promoting sustainable and environmentally-sound transportation; and

WHEREAS, Host desires to participate in Licensee’s charging-as-as-service program, whereby Licensee (a) pays the site host (in this case, Host) for a license to access and use a portion of the Host Property on which Licensee will install the Boost Charger and certain ancillary items (as further described below), and (b) retains (i) ownership of the Boost Charger, (ii) any and all relevant charging revenue, and (iii) any and all other benefits derived from the presence of the Boost Charger at the site to install Charging Stations (as defined below) on the Host Property.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and in consideration of other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:

ARTICLE 1: LICENSE; USE; EXCLUSIVITY
ARTICLE 2: TERM; FINANCIAL TERMS; TERMINATION
ARTICLE 3: CHARGING STATIONS
ARTICLE 4: INTELLECTUAL PROPERTY; PUBLICITY
ARTICLE 5: REPRESENTATIONS AND WARRANTIES; DISCLAIMER
ARTICLE 6: INSURANCE; CASUALTY AND CONDEMNATION
ARTICLE 7: INDEMNITY; LIMITATION OF LIABILITY
ARTICLE 8: MISCELLANEOUS

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